Appeal No. 2004-1195
Application No. 09/766,165
We next consider the § 102 rejection of claims 1, 2, 8, 9,
18-21 and 24-26 over Weiss. Weiss, like appellants, discloses a
sport ball comprising a self-contained inflation mechanism.
Although the shape of the ball depicted in Weiss' Figure 1
suggests a basketball or soccer ball, Weiss, like appellants, is
not limited to any particular type of sport ball. Regarding the
properties of the ball, Weiss teaches the following:
The internal pumping mechanisms of the present
invention is [sic] balanced and relatively light to
minimize its effect on the throwing characteristics of
the toy. The mechanism is also robust to resist damage
when the ball is bounced . . .
. . . .
A still further object of the present invention is
to position a deflation valve opposite from the
inflation means in the ball to balance the weight of
the inflation means to avoid erratic flight when the
toy is thrown [column 1, lines 40-44 and 52-55].
As recognized by the examiner and emphasized by appellants,
Weiss does not discuss the rebound characteristics of the ball.
However, inasmuch as Weiss teaches that the inflation mechanism
of the ball is relatively light and balanced, and the flight of
the ball is not erratic when thrown, we concur with the examiner
that there is a rational basis for concluding that the ball
disclosed by Weiss has "substantially the same rebound
characteristics" (emphasis added) as a corresponding ball not
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