Ex Parte Nesbitt - Page 2




              Appeal No. 2003-1293                                                                         2               
              Application No. 09/675,739                                                                                   

              this application.                                                                                            
                                         THE INVENTION                                                                     

              The invention is directed to a hollow game ball having a core comprising a cross-                            
              linked thermoset elastomeric material having a specific range of Shore hardness.  A cover                    
              overlies the core.  Additional limitations are described in the following illustrative claim.                
                                                      THE CLAIM                                                            

              Claim 1 is illustrative of appellant’s invention and is reproduced below.                                    
              1.     A hollow game ball comprising:                                                                        
                     a substantially spherical core defining a substantially spherical internal cavity, said               
              core comprised of a cross-linked thermoset elastomeric material having a Shore C hardness                    
              within the range of 40 to 70; and                                                                            
                     a cover overlying said core.                                                                          
                                          THE REFERENCES OF RECORD                                                         
              As evidence of obviousness, the examiner relies upon the following references:                               
              Tomar                               4,498,667                           Feb.  12,  1985                      
              Miller                              4,653,752                           Mar.  31, 1987                       
              McClure et al. (McClure)            5,665,188                           Sep.    9,  1997                     
              Yang                                5,704,858                           Jan.    6,  1998                     
                                                  THE REJECTIONS                                                           
                                                                                                                          
              Claims 1 through 3, 5, 10 and 14 stand rejected under 35 U.S.C. §103(a) as                                   
              being unpatentable over Miller in view of McClure.                                                           
              Claims 4, 6 through 9 and 11 through 13 stand rejected under 35 U.S.C.                                       







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