Ex Parte BELANGER et al - Page 5




          Appeal No. 2002-1954                                                        
          Application No. 09/458,926                                                  

          extending fiber rovings 38 in the neck portion 9 (see column 4,             
          lines 3 through 26).                                                        


               Tracking the language employed in claim 1, Bohannan’s                  
          baseball bat comprises a core (filling 42) having a barrel                  
          portion, a handle portion narrower than the barrel portion and a            
          longitudinal axis extending through the barrel and handle                   
          portions, continuous first fibers (any one of fiber rovings 20,             
          24, 28 and 32) wound around the core barrel portion at an angle             
          of about 0° to 90° relative to a first plane normal to the                  
          longitudinal axis to provide at least one layer of first fibers             
          around the core barrel portion, continuous second fibers (any               
          different one of fiber rovings 20, 24, 28 and 32) wound around              
          the core handle portion to provide at least one layer of second             
          fibers around the core handle portion, and a resin (the                     
          thermoplastic resin) impregnated on the first and second fibers.            
               The appellants’ contention (see pages 3 through 6 in the               
          brief) that these limitations are not met because Bohannan’s                
          fiber layers are sandwiched (laminated) together and extend the             
          length of the core is unconvincing.  Claim 1 does not contain any           
          limitation requiring the first and second fibers to be in direct            



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