Ex parte SIMPSON - Page 2




          Appeal No. 1999-0515                                       Page 2           
          Application No. 08/620,256                                                  


               The appellant's invention is directed to a spinning                    
          baseball device.  The subject matter before us on appeal is                 
          illustrated by reference to claim 1, which reads as follows:                
               1.   A spinning baseball device comprising:                            
               a. a ball having the surface appearance of a seamed ball               
          that is typically pitched, and said ball made of lightweight                
          material, and                                                               
               b. a plurality of bores with {sic: within] said ball, all              
          said bores appearing at said ball’s surface at different but                
          specific and intended locations, each said bore appearing at                
          said ball’s surface only once, and                                          
               c. a spindle of sufficient length and small enough                     
          diameter so that after placing said spindle into said bore,                 
          there remains sufficient length of said spindle outside the                 
          ball and said spindle’s diameter is sufficiently small so that              
          said spindle can be placed inside of and held tight by a chuck              
          of an electric drill, and                                                   
               d. means to prevent slippage between said spindle and a                
          bore during operation of the device.                                        

                                    THE REFERENCES                                    
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Sain                               3,152,803                Oct.            
          13, 1964                                                                    










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