Ex parte DECKER - Page 3




                Appeal No. 96-1820                                                                                                            
                Application No. 08/189,140                                                                                                    


                                                           THE REFERENCES                                                                     
                         The references relied upon by the examiner to support the                                                            
                final rejection are:                                                                                                          
                (1) Worth Catalogue, “Junior Balls,” January 9, 1976, page 7                                                                  
                (2) The appellant’s specification, page 4, lines 1 through 4 and                                                              
                19 through 212                                                                                                                
                                                            THE REJECTION                                                                     
                         Claims 1 through 4 stand rejected under 35 U.S.C. § 103 as                                                           
                being unpatentable over the appellant’s specification (page 4,                                                                
                lines 1 through 4 and 19 through 21) in view of Junior Balls.                                                                 
                         For a complete explanation of the rejection, one must refer                                                          
                to the Examiner's Answer, Paper No. 6 (the final rejection) and                                                               
                Paper No. 3 (the first office action).                                                                                        
                         The opposing viewpoints of the appellant are set forth in                                                            
                the Brief.                                                                                                                    
                                                                 OPINION                                                                      
                         The objective of the appellant’s invention is to provide an                                                          
                improved baseball for batting practice.  In furtherance of this,                                                              
                the invention comprises a baseball which is dimensionally smaller                                                             




                         2This was not listed as a reference by the examiner, but was                                                         
                cited in the rejection.                                                                                                       
                                                                      3                                                                       





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