Appeal No. 1999-1987 Page 21
Application No. 08/400,129
Claims 9 to 11
We sustain the rejection of claims 9 to 11 under 35
U.S.C.
§ 103.
In addition to the teachings of Alexander and Albert, the
examiner relies upon the additional teachings of McGuckin in
rejecting claims 9 to 11. McGuckin's invention relates
generally to reflex skill development devices for use in
athletic games, particularly baseball and methods for using
such devices. In particular, Figure 1 is a pictorial view
illustrating two athletes using the reflex skill device of
McGuckin in a batting practice function. As shown in Figure
3, the reflex skill development device comprises a hollow ball
40 attached by a resilient tether 17 to a loop, handle or
enlargement of the tether 19. Ball 40 comprises a resilient
cover 58 with a plurality of perforations 56 therethrough.
McGuckin teaches that the tether 17 is preferably constructed
in two parts of two dissimilar materials. A first part 38
(also called a short tether) of short stretchable material is
attached at one end to the ball 40 through perforations 56 and
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