Appeal No. 2003-138709
Application /479,576
THE PRIOR ART
The references relied on by the examiner to support the
final rejection are:
Halstead 3,724,437 Apr. 3, 1973
Greene 4,834,060 May 30, 1989
THE REJECTIONS
Claims 1 through 3 and 5 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Halstead.
Claims 1 through 5 stand rejected under U.S.C. § 103(a) as
being unpatentable over Greene in view of Halstead.
Attention is directed to the appellant’s main and reply
briefs (Paper Nos. 14 and 16) and to the examiner’s final
rejection and answer (Paper Nos. 12 and 15) for the respective
positions of the appellant and the examiner regarding the merits
of these rejections.
DISCUSSION
Halstead discloses “a ball throwing machine . . . for
pitching balls to a batter and for throwing fly or ground balls
to fielders” (column 1, lines 5 through 8). The machine 10,
which is portable, includes a frame 12, a pair of counter-
rotating wheels 14 and 16, and separate variable speed motors 22
for independently driving the wheels. Halstead teaches that
2
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