Appeal No. 97-0767
Application No. 08/383,996
Fox in lines 125 and 126 of page 1 states that the handle 10 is
an “elongate tubular plastics member” and this handle is clearly
depicted in Figs. 3 and 4 to be hollow. Noting that the
appellant has provided no particular definition of “high-
strength,” we are of the opinion that a handle made of a plastic
material which had sufficient strength to be used in the manner
depicted in Fig. 1 of Fox, can be considered to be formed of a
“high-strength” plastic as broadly claimed. In any event, the
artisan as a matter of common sense (see In re Bozek, supra)
would have made the handle of a “high-strength” plastic material
so as to enable the bat to function in the manner intended.
10
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