Ex Parte Avis - Page 2



          Appeal No. 2005-1335                                        Page 2          
          Application No. 10/128,266                                                  

                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Schaper et al.           5,674,149            Oct. 07, 1997                 
          (Schaper)                                                                   
          Schwaner                 5,709,623            Jan. 20, 1998                 
                                   THE REJECTION                                      
               Claims 1 through 45 stand rejected under 35 U.S.C. § 103(a)            
          as being unpatentable over Schaper in view of Schwaner.                     
               Attention is directed to the main brief filed June 16, 2004            
          and the reply brief filed November 18, 2004 and to the Office               
          action mailed November 4, 2003 and the answer mailed September              
          21, 2004 for the respective positions of the appellant and the              
          examiner regarding the merits of this rejection.                            
                                     DISCUSSION                                       
               Schaper, the examiner’s primary reference, discloses an                
          inflatable game ball, e.g., a soccer ball, constructed of a                 
          plurality of hexagonal and pentagonal panels stitched together              
          along adjacent edges and dimensioned so as to be subject to                 
          essentially equal material stresses and degrees of stretch when             
          the ball is inflated.  Schaper describes the ball as follows:               







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