Ex Parte Oister et al - Page 2




                    Appeal No. 2004-1322                                                                                                                                  
                    Application No. 10/014,297                                                                                                                            


                              21.  An apparatus comprising:                                                                                                               
                              a ball having a surface and at least one internal cavity;                                                                                   
                              at least one timer for measuring at least one predetermined                                                                                 
                    time period; and                                                                                                                                      
                              the timer integrated with the ball.                                                                                                         
                    The references set forth below are relied upon by the Examiner                                                                                        
                    as evidence of obviousness:                                                                                                                           
                    Bennett                                                     5,468,000                              Nov. 21, 1995                                      
                    Willner et al. (Willner)                                    5,810,685                              Sep. 22, 1998                                      
                    Maurer                                                      5,912,864                              June 15, 1999                                      
                              Claims 1-10 and 16-21 stand rejected under 35 U.S.C. § 103(a)                                                                               
                    as being unpatentable over Maurer in view of Willner, and claims                                                                                      
                    11-15 stand correspondingly rejected over these references and                                                                                        
                    further in view of Bennett.                                                                                                                           
                              We refer to the brief and to the answer for a complete                                                                                      
                    discussion of the contrary viewpoints expressed by the Appellants                                                                                     
                    and by the Examiner concerning the above noted rejections.                                                                                            


                                                                                OPINION                                                                                   
                              For the reasons which follow, these rejections cannot be                                                                                    
                    sustained.                                                                                                                                            
                              As correctly explained by the Appellants in their brief and                                                                                 
                    contrary to the Examiner’s viewpoint, the timing device associated                                                                                    

                                                                                    22                                                                                    





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