Appeal No. 2002-1900
Application 09/728,901
a straight, rigid elongated open-ended tubular member
[10] formed of transparent material provides an
enclosed smooth passage for receiving and discharging
an aerial projectile, such as a ball [16], at or from
either end thereof, and has an outwardly extending
scoop-shaped throwing and catching member [12, 14]
attached to each end for providing a curved surface
over which the projectile may be directed at or from
the open end of the tubular member by baton-like
manipulation [column 2, lines 25 through 34].
Each throwing and catching member 12 or 14 presents an
upwardly concave scoop-shaped surface having a generally circular
outer rim of a radius approximately twice that of the tube 10
(see column 3, lines 18 through 26; and column 4, lines 1 through
8).
As conceded by the examiner (see page 2 in the answer), the
Cummings device does not respond to the limitation in appealed
claim 1 requiring “a U-shaped conduit having a uniform circular
cross-section throughout its length and having opposite open ends
so that one open end can discharge the aerial projectile
therefrom while the other open end can receive the aerial
projectile therein.” The examiner’s reliance on Burrows to
overcome this deficiency is not well taken.
Burrows discloses an amusement device comprising a plurality
of support blocks 10, a plurality of straight and curved conduits
24 and 26, and a plurality of couplings 28 for selectively
3
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