Ex Parte Gallagher - Page 2



          Appeal No. 2006-0709                                                        
          Application No. 10/780,805                                                  


                    a handle section having a first end with a second                 
               diameter, said first end of said handle section being                  
               operatively connected to said second end of said transition            
               section where said diameter of said first end of said handle           
               section is substantially equivalent to said second end of              
               said transition section;                                               
                    wherein said training bat has a length and a weight               
               which are substantially equivalent to the length and weight            
               of a respective conventional Little League, baseball, or               
               softball bat.                                                          
                    7.   The training bat of claim 1 further comprising               
          an elongated rod in a drilled out portion of said barrel                    
          section.                                                                    
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Owen et al. (Owen)            3,116,926             Jan.  7, 1964           
          Muhlhausen                    6,050,908             Apr. 18, 2000           
          Brundage                      6,280,353             Aug. 28, 2001           
               Appellant’s claimed invention is directed to a training bat            
          having a barrel section, a handle section and a transition                  
          section joining the barrel and handle sections.  The bat has a              
          length and weight substantially equivalent to that of a                     
          conventional Little League, baseball or softball bat, but the               
          diameter of the barrel section is less than 2 1/4 inches, which             
          is less than that of the conventional bats.  Claim 7 on appeal              
          recites an elongated rod in a drilled out portion of the barrel             
          section.  According to appellant, “the training bat of the                  

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