Appeal No. 1999-1987 Page 23
Application No. 08/400,129
Claim 9 reads as follows: "The apparatus of Claim 1,
further including means within the length of said tether for
preventing twisting."
In applying the above-noted test for obviousness, we
additionally conclude that it would have been further obvious
at the time the invention was made to a person having ordinary
skill in the art to have modified Alexander's line 14 to
include a swivel arrangement therein as suggested and taught
by McGuckin's swivel arrangement 27 in line 14 to provide the
self evident advantage thereof. Moreover, in applying the
above-noted test for obviousness, we additionally conclude
that it would have been obvious at the time the invention was
made to a person having ordinary skill in the art to have
provided McGuckin's device with a length of rubber tubing or
hose extending over the short tether portion 38 and engaging
at one end with the ball 40 as suggested by the teachings of
Albert so as to eliminate whips in the short tether portion 38
which would otherwise occur when the ball is struck.
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