Ex Parte PAULSON - Page 1




          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                          Paper No. 19                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte KERRY K. PAULSON                               
                                     __________                                       
                                Appeal No. 2003-1387                                  
                               Application 09/479,576                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before COHEN, MCQUADE, and NASE, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Kerry K. Paulson appeals from the final rejection (Paper No.           
          12) of claims 1 through 5, all of the claims pending in the                 
          application.                                                                
                                   THE INVENTION                                      
               The invention relates to “a ball throwing machine that is of           
          minimum size and weight” (specification, page 1).  Representative           
          claim 1 reads as follows:                                                   
               1. A baseball throwing machine including a frame supporting            
          at least one ball projecting wheel driven rotationally by an                
          electric motor and mounting a pneumatic tire having a diameter              
          ranging between about 15-32cm; a wall depth ranging between about           
          5-10cm; and a footprint ranging between about 4-13cm.                       






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