Appeal No. 2001-2639 Page 2
Application No. 09/386,753
BACKGROUND
The appellants’ invention relates to a golf ball
launching device. A copy of the claims under appeal is set
forth in the appendix to the appellants’ brief.
The examiner relied upon the following prior art
references in rejecting the appealed claims:
Lake 884,024 Apr. 7, 1908
Junkin 2,634,717 Apr. 14, 1953
Bullock 3,288,127 Nov. 29, 1966
Slonaker et al. (Slonaker) 5,640,945 Jun. 24, 1997
The following are the only rejections before us for
review.
(1) Claim 1 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Lake.
(2) Claims 1 and 7 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Slonaker in view of Bullock.
(3) Claims 2-6 and 8 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Slonaker in view of Bullock and
Junkin.
Other rejections set forth in the final rejection and not
repeated in the answer are presumed to have been withdrawn.
See Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957). Although
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