Ex Parte Davis - Page 2



          Appeal No. 2004-0184                                                        
          Application No. 09/837,824                                                  


               said body exhibiting a smooth and continuous exterior                  
          surface and further defining a hollowed and interior cavity                 
          suspended within said body, said body further including                     
          substantially elliptical and interiorly extending surfaces                  
          defining said interior cavity;                                              
               wherein, upon a user launching said article in a                       
          substantially horizontal trajectory and with a specified                    
          rotational spin, said interior cavity causing centrifugal forces            
          to be applied to said outer perimeter of said article and said              
          elliptically extending faces increasing individual incidences of            
          said article contacting a water surface.                                    
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Hand                           3,544,113          Dec. 1, 1970              
          Glovak et al. (Glovak)         4,151,997          May  1, 1979              
                                  THE REJECTIONS                                      
               Claim 1 stands rejected under 35 U.S.C. § 102(b) as being              
          anticipated by Hand.                                                        
               Claims 3, 5 through 8 and 10 stand rejected under 35 U.S.C.            
          § 103(a) as being unpatentable over Hand.                                   
               Claims 2 and 9 stand rejected under 35 U.S.C. § 103(a) as              
          being unpatentable over Hand in view of Glovak.                             
               Attention is directed to the main and reply briefs (Paper              
          Nos. 7 and 10) and the answer (Paper No. 8) for the respective              
          positions of the appellant and the examiner regarding the merits            
          of these rejections.                                                        
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