Ex parte MIGGINS - Page 2




          Appeal No. 1999-1978                                       Page 2           
          Application No. 08/864,442                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a weighted practice               
          bat.  An understanding of the invention can be derived from a               
          reading of exemplary claim 1, which appears in the appendix to              
          the appellant's brief.                                                      


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Hamilton                 3,521,883                     July 28,             
          1970                                                                        
          Worst                    4,331,330                     May  25,             
          1982                                                                        
          Dirksing et al.          4,819,935                     Apr. 11,             
          1989                                                                        



               Claims 1, 5 and 9 through 11 stand rejected under 35                   
          U.S.C. § 103 as being unpatentable over Hamilton in view of                 
          Worst.                                                                      


               Claims 3 and 8 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Hamilton in view of Worst as applied                
          to claim 1 above, and further in view of Dirksing.                          









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