Appeal No. 1999-1987 Page 15
Application No. 08/400,129
following reason. In the Figure 5 embodiment of Alexander,
the tether comprises both line 14 and the two portions 76, 78
of elastic cord. Since the elastic cord of Alexander is
formed of elastic strands with a covering of cloth fabric
braided suitably to permit expansion and contraction of the
cord, it is our determination that the limitations of claim 7
read on the Figure 5 embodiment of Alexander.
For the reasons set forth above, the decision of the
examiner to reject claim 7 under 35 U.S.C. § 103 is affirmed.
Claim 8
We sustain the rejection of claim 8 under 35 U.S.C. §
103.
Claim 8 reads as follows:
The apparatus of Claim 1, wherein said sleeve is
sufficiently durable not to be damaged by a bat's impact
and wherein said sleeve is further sufficiently flexible
to yield when so hit and, at once, shape-retaining, to
resist wrapping around a bat and to return immediately to
a substantially linear configuration after such an
impact.
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