Ex Parte Murdock et al - Page 9




          Appeal No. 2002-2074                                                        
          Application No. 09/494,965                                                  

               Wood discloses a pneumatic ball thrower for use in                     
          practicing baseball, softball, cricket, tennis, handball,                   
          racquetball and other sports.  The thrower includes a guide 16              
          for receiving the ball, a pneumatic ram assembly comprising a               
          cylindrical tube 64 coaxial with the ball guide, and a shuttle              
          rod assembly comprising a piston 92 disposed in the cylindrical             
          tube and a shuttle rod 90 extending from the front of the piston            
          and adapted to be driven into the ball guide to eject the ball              
          therefrom.  The thrower receives pressurized gas from a remote              
          reservoir (not shown) via tubing 23 and stores a charge of the              
          pressurized gas in a first plenum 132.  Actuation of the thrower            
          releases the charge from the first plenum into the cylindrical              
          tube to accelerate the piston and shuttle rod forwardly and push            
          the ball down the ball guide at a predetermined velocity                    
          dependent on the pressure of the charge.                                    
               In proposing to combine Garrett and Wood (see pages 6 and 7            
          in the answer), the examiner concludes that it would have been              
          obvious at the time the invention was made to a person having               
          ordinary skill in the art to replace the explodable cartridge of            
          Garrett with a chamber containing a charge of compressed gas as             
          taught by Wood “as a substitution of equivalent means for                   
          launching a projectile” (answer, page 6 and page 7).                        


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