Appeal No. 1999-1987 Page 32
Application No. 08/400,129
35 U.S.C. § 103. We hasten to add that this is a procedural
reversal rather than one based upon the merits of the section
103 rejection.
Claim 27
We sustain the rejection of claim 27 under 35 U.S.C. §
103.
Claim 27 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, said tether being comprised of a substantially
nonresilient proximal portion and a linearly resilient
distal portion, wherein said linearly resilient portion
of said tether comprises an inner core of a plurality of
linearly resilient strands, and an outer linearly
extendable, fabric sheath; and,
b. a substantially spherical, mechanical
energy-absorbing mass affixed to said tether's distal
end.
In applying the above-noted test for obviousness with
respect to claim 27, we reach the conclusion that it would
have been obvious at the time the invention was made to a
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