Appeal No. 2005-0297 Page 2
Application No. 09/772,689
BACKGROUND
The appellant’s invention relates to training bats with adjustable weight and
balance for use in improving hitting accuracy and for improving the transition from
aluminum bats used in collegiate games to wood bats used in professional games and
to a method for helping a player accustomed to an aluminum bat to adapt to a wood bat
using such training bat.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Fujii 3,963,239 Jun. 15, 1976
Pomilia 4,682,773 Jul. 28, 1987
DiSieno 4,720,104 Jan. 19, 1988
Claims 10 and 11 stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which appellant regards as the invention.
Claim 10 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Pomilia in view of DiSieno and Fujii.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the answer
(Paper No. 13) for the examiner's complete reasoning in support of the rejections and to
the brief and reply brief (Paper Nos. 12 and 14) for the appellant’s arguments
thereagainst.
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