Ex parte KUSMISS - Page 3




              Appeal No. 2001-1661                                                                 Page 3                 
              Application No. 09/144,654                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to an apparatus for practicing a ball-propelling                   
              sport using a ball-returning device in conjunction with an imaging device (title).  A copy of               
              the claims under appeal is set forth in the appendix to the appellant's brief.                              


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Hogue                                      3,711,092                    Jan. 16, 1973                       
              Pearson                                    3,996,711                    Dec. 14, 1976                       
              Pfeilsticker                               4,333,646                    June  8, 1982                       
              Scheie                                     4,334,681                    June 15, 1982                       
              Newland et al. (Newland)                   4,657,250                    Apr. 14, 1987                       
              Light                                      5,603,617                    Feb. 18, 1997                       



                     Claims 22 to 24 stand rejected under 35 U.S.C. § 103 as being unpatentable over                      
              Pfeilsticker in view of Pearson and Hogue.                                                                  


                     Claims 25 to 32 stand rejected under 35 U.S.C. § 103 as being unpatentable over                      
              Light in view of Newland and Hogue.1                                                                        



                     1In the answer (p. 4), the examiner inadvertently included claim 33 in this ground of rejection.     
              However, the final rejection (p. 4) makes clear that only clams 25 to 32 are rejected on this basis.        







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