Appeal No. 1999-1987 Page 2
Application No. 08/400,129
claim 24 has not been rejected. Claims 12 to 16 and 23 have2
been canceled.
We AFFIRM-IN-PART and enter a new rejection pursuant to
37 CFR § 1.196(b).
BACKGROUND
The appellant's invention relates to a batting practice
apparatus. An understanding of the invention can be derived
from a reading of exemplary claim 1, a copy of which appears
in the opinion section below.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Albert 3,086,775 Apr. 23,
1963
Alexander 3,531,115 Sep.
29, 1970
Hutt et al. 3,729,195 Apr. 24,
1973
2While the "Summary of Action" section of the final
rejection (Paper No. 23, mailed December 24, 1996) states that
claim 24 is rejected, no rejection of claim 24 is set forth
therein or in the preceding nonfinal Office action (Paper No.
21, mailed March 21, 1996).
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