Ex Parte Applebaum et al - Page 3




          Appeal No. 2003-1341                                                          
          Application No. 09/447,071                                                    


                                     The Invention                                      
               The invention relates to a doubles game of table tennis                  
          having a mode of play said to be different from conventional                  
          table tennis.  In play, either player on either end may return a              
          volley. (Appeal Brief, page 2, lines 12-22).  A table wider than              
          a standard table is used.  (Id., page 3, lines 5-7).   Further                
          details of the claimed subject matter are recited in claim 34,                
          reproduced above.                                                             
                  The Rejection of Claim 34 Under 35 U.S.C. § 103(a)                    
               The examiner has found that table tennis has been in                     
          existence since about 1880 and various sizes of tables have been              
          in use.  (Examiner’s Answer, page 3, lines 8-10).  The examiner               
          has also found that the manner of play described in the claim is              
          as the rules describe (Id., page 3, lines 12-15).  The examiner               
          then concludes that it would have been obvious to provide balls               
          and paddles and use a table to play table tennis and it would                 
          have been obvious to vary the rules to play the game (Examiner’s              
          Answer, page 3, lines 17-21).                                                 
               The appellants, on the other hand, urge that the rules state             
          that each player on a team can strike only every other ball,                  
          whereas the claimed method allows for each player to make each                
          return.  The appellants urge that the principal reference                     

                                           3                                            





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007