Appeal No. 2002-1968
Application No. 09/574,922
portion (11) of a glove (10) held by a second player, comprising
a target member (11a) "separate from and not built into the non-
adhesive baseball receiving pocket portion (11) [the dye or the
like is optionally added to the oil at a later time] of the glove
upon manufacture of the glove." While the examiner does not
specifically enumerate any difference or differences between the
claimed subject matter and that disclosed in Wheeler, the
examiner makes the following comments and assertions
Wheeler as disclosed above shows a target area that can
be visually enhanced after the manufacturing of the
glove, but to further clarify this limitation, Motooka
et al shows a baseball glove having a name plate with
removable and interchangeable inserts (indicia).
Motooka clearly teaches that it is desirable that
indicia which is attached to a glove be removable so
that it can easily be changed. The name plate can be
affixed to the glove by various means, including
stitching and adhesive. It would have been obvious to
one of ordinary skill in the art at the time the
invention was made make the target member for the
baseball glove of Wheeler removable as taught by
Motooka, to permit the target to be changed. Note that
constructing a formerly integral structure in various
elements involves only routine skill in the art.
Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding the means for attachment, notice was taken
that pressure sensitive adhesive layers are old and
well known conventional mechanical expedient of
securing means and it would have been considered and
[sic] obvious modification, since it would have
provided a quick and easy way of affixing the target
member to the glove of Wheeler. Since Appellant
appears to have challenged such notice of what was old
and well known, reference is made to Kanzelberger, of
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