Ex parte SCHAUBACH - Page 7




          Appeal No. 1999-1987                                       Page 7           
          Application No. 08/400,129                                                  


          Alexander discloses a heavier ball 12'.  As shown in Figure 5,              
          the heavier ball 12' is attached to the line 14 via two                     
          lengths 76, 78 of an elastic cord formed of elastic strands                 
          with a covering of cloth fabric braided suitably to permit                  
          expansion and contraction of the cord.                                      


               Albert discloses a baseball practice device.  As shown in              
          Figure 2, the baseball practice device includes a baseball 25,              
          a length of linked chain 23, a rubber bumper 21 and a length                
          of rubber tubing or hose 30 which extends over the lower                    
          portion of the chain 23 and engages at one end with the                     
          baseball 25.  Albert teaches (column 1, lines 43-46, and                    
          column 2, lines 26-28) that the length of rubber tubing or                  
          hose 30 provides protection for the bat and eliminates whips                
          in the chain which would otherwise occur when the ball is                   
          struck.                                                                     


               After the scope and content of the prior art are                       
          determined, the differences between the prior art and the                   
          claims at issue are to be ascertained.  Graham v. John Deere                
          Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                           







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007