Appeal No. 1999-1987 Page 6
Application No. 08/400,129
Claims 1 to 3
We sustain the rejection of claims 1 to 3 under 35 U.S.C.
§ 103.
Claim 1 reads as follows:
Batting practice apparatus for repeated,
rotationally-swinging presentation of a simulated ball to
a practicing batter, said apparatus comprising:
a. a flexible tether having proximal and distal
ends; b. a substantially spherical, mechanical
energy- absorbing mass affixed to said tether's distal
end; and, c. an elongate, moderately flexible
sleeve disposed in concentric relation with said tether,
adjacent said tether's distal end.
Alexander discloses a batting practice device 10. As
shown in Figures 1 and 2, the batting practice device 10
includes a ball 12, a line 14 made of light clothes line cord,
and a swivel 16 fastened to a handle 18 by a pivot bolt 20.
As shown in Figure 4, the ball is made of fairly dense sponge
rubber and is secured to the line 14 by knots 42, 50.
Alexander teaches (column, 3, lines 23-40) that sometimes it
is desirable to use a ball having less resiliency and more
weight than the sponge rubber ball 12. In that case,
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