Ex Parte NELSON - Page 3



                    Appeal No. 2002-0101                                                                                                                                  
                    Application No. 09/384,546                                                                                                                            

                    after final was not entered in the prosecution of this                                                                                                
                    application.                                                                                                                                          
                                                                              OPINION                                                                                     
                              We have carefully reviewed the rejections on appeal in light                                                                                
                    of the arguments of the appellant and the examiner.  As a result                                                                                      
                    of this review, we have reached the determination that claims 1                                                                                       
                    through 6 and 9 through 14 are prima facie obvious in view of the                                                                                     
                    applied prior art.  Appellant has not rebutted the prima facie                                                                                        
                    case of obviousness with additional evidence.  Therefore, we will                                                                                     
                    affirm the rejections of claims 1 through 6 and 9 through 14.                                                                                         
                    However, we do not affirm the 35 U.S.C. § 112, second paragraph                                                                                       
                    rejection of claims 1 through 6.  Our reasons follow.                                                                                                 
                              As an initial matter, we will construe claim 1 on appeal as                                                                                 
                    the representative claim of the first group of claims.  The                                                                                           
                    claimed subject matter is directed to a target of flat, thin                                                                                          
                    fabric material whereon a sports goal pattern has been imprinted.                                                                                     
                    The panel is merely adapted to transmit energy from an underlying                                                                                     
                    wall when the material is mounted on the wall.  The target has a                                                                                      
                    plurality of hook-and-loop fasteners attached to the back side.                                                                                       
                    A second plurality of hook-and-loop fasteners are provided to                                                                                         
                    attach the target to a wall.                                                                                                                          

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