Appeal No. 2004-1282
Application No. 10/037,668
actuates a transmitter which sends signals to a propulsion
mechanism, e.g., a batting machine. The transmitter is also
disposed on the hand of the individual. In essence, the
invention allows for the individual, or batter, to activate the
switch which ultimately causes the batting machine to propel the
ball toward the batter.
Appealed claims 1, 2, 5-7, 9, 11, 13 and 17-20 stand
rejected under 35 U.S.C. § 102(e) as anticipated by either
Rappaport '871 or Rappaport '271 or, in the alternative, under
35 U.S.C. § 103 as being unpatentable over the Rappaport
references in view of O'Brien. Claims 3, 4, 8, 10, 12, 14-16 and
21 also stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over the Rappaport references in view of O'Brien.
In addition, claims 1-12 and 17-25 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Brown in view of O'Brien.1
Also, claims 13-16 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the combination of the Rappaport references,
1 The statement of the rejection at page 7 of the Answer
fails to include the rejection of claims 6-12. However, it is
clear from the body of the Examiner's Answer that claims 6-12 are
included in the § 103 rejection over Brown in view of O'Brien.
Also, since appellants have acquiesced to the examiner's finding
that all the appealed claims stand or fall together, appellants
are not prejudiced by our interpretation of the examiner's
rejection.
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