Ex Parte Gallagher - Page 1



               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board.     



                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte BRIAN GALLAGHER                                
                                    _____________                                     
                                Appeal No. 2006-0709                                  
                             Application No. 10/780,805                               
                                   ______________                                     
                                     ON BRIEF                                         
                                   _______________                                    
          Before KIMLIN, WARREN and FRANKLIN, Administrative Patent Judges.           
          KIMLIN, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1-10.             
          Claims 1 and 7 are illustrative:                                            
                    1.   A training bat comprising:                                   
                    a barrel section having a first diameter, said first              
               diameter being less than 2 1/4 inches;                                 
                    a transition section having first and second ends, said           
               transition section having a decreasing diameter from said              
               first end to said second end, said first end being                     
               operatively connected to said barrel section where said                
               diameter of said first end is substantially equivalent to              
               said first diameter of said barrel section; and                        





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