Appeal No. 2002-1968
Application No. 09/574,922
record, to show pressure sensitive means for removable
indicia.1
Appellant contends that Wheeler discloses a baseball glove
with an oil or grease containing pocket (11a) built into the
glove during its manufacture and that while the oil receiving
pocket can act as a visual target contrasting with the adjacent
leather of the glove, especially when a suitable dye or the like
is incorporated in the oil or pocket, there is no suggestion in
Wheeler or the secondary reference to Motooka of appellant's
contribution to the art as defined in claim 45 on appeal. In
describing Motooka, appellant contends (brief, page 7) that
Motooka should not be properly combinable with the
primary reference to Wheeler because, inter alia,
Motooka teaches adding a replaceable nameplate (rather
than a ball target) to a baseball glove on the outside
of the glove not facing the thrower, and is thus
removed from the pocket ball receiving portion of the
glove which faces the thrower, the nameplate thus
1 We note the examiner's reference to Kanzelberger (US
4,384,416), but observe that this patent has not been set forth
in the statement of the § 103 rejection before us, or in any
other rejection made by the examiner. Accordingly, it forms no
part of the issues presented for review by this panel of the
Board. As pointed out by the Court in In re Hoch, 428 F.2d 1341,
1342, 166 USPQ 406, 407 (CCPA 1970), where a reference is relied
upon to support a rejection, whether or not in a minor capacity,
there would appear to be no excuse for not positively including
the reference in the statement of the rejection.
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