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 3Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007