Ex Parte Gottlieb-Myers et al - Page 2




         Appeal No. 2004-1282                                                       
         Application No. 10/037,668                                                 


              a switch carried by the individual and manually                       
         actuatable between first and second states of operations,                  
              a transmitter carried by the individual and connected to              
         the switch for transmitting signals upon the manual operation of           
         the switch by the individual between the first and second states           
         of operation,                                                              
              the switch and the transmitter being disposed on one                  
         hand of the individual for providing for a transmission of                 
         signals from the transmitter to the propulsion mechanism when the          
         switch is operated between the first and second states, one of             
         the hands of the individual also holding the member for striking           
         the element propelled from the propulsion mechanism when the               
         transmitter sends the signals to the propulsion mechanism,                 
              a propulsion mechanism displaced from the switch and the              
         transmitter and constructed to propel the element upon actuation,          
         and                                                                        
              a receiver disposed in the propulsion mechanism and                   
         energizable by the signals from the transmitter for providing an           
         actuation of the propulsion mechanism to obtain the propulsion of          
         the element by the propulsion mechanism.                                   
              In the rejection of the appealed claims, the examiner relies          
         upon the following references:                                             
         O'Brien                       4,722,625             Feb.  2, 1988          
         Rappaport et al.              6,190,271                                    
         (Rappaport '625)                                    Feb. 20, 2001          
         Rappaport et al.              6,371,871             Apr. 16, 2002          
         (Rappaport '871)                                                           
         Brown                         6,440,013             Aug. 27, 2002          
              Appellants' claimed invention is directed to a combination            
         for propelling an element, such as a ball, toward an individual            
         holding a member, such as a bat.  The invention comprises an               
         electrical switch disposed on a hand of the individual which               

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