Appeal No. 1999-1987 Page 34
Application No. 08/400,129
practicing batter, said apparatus comprising: a. a flexible
tether (i.e., Alexander's line 14 and two portions 76, 78 of
elastic cord) having proximal and distal ends, said tether
being comprised of a substantially nonresilient proximal
portion (i.e., Alexander's line 14) and a linearly resilient
distal portion (i.e., Alexander's two portions 76, 78 of
elastic cord), wherein said linearly resilient portion of said
tether comprises an inner core of a plurality of linearly
resilient strands (i.e., Alexander's two portions 76, 78 of
elastic cord include elastic strands), and an outer linearly
extendable, fabric sheath (i.e., Alexander's two portions 76,
78 of elastic cord include a covering of cloth fabric over the
elastic strands); and, b. a substantially spherical,
mechanical energy-absorbing mass (i.e., Alexander's ball 12')
affixed to said tether's distal end.
The arguments set forth by the appellant in the brief
(pp. 40-42) are unpersuasive since the applied prior art is
suggestive of the claimed invention for the reasons set forth
above and in our previous discussion of claim 7. Accordingly,
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