Appeal No. 2006-0911 Παγε 2
Application No. 09/248,595
BACKGROUND
The appellants' invention relates to a game ball having increased resistance to
moisture absorption. Claim 3 is the only claim pending in this application and reads as
follows:
3. A game ball having increased resistance to moisture
absorption comprising a natural leather cover disposed over
a lining, the leather of said cover having increased water
resistance properties distributed throughout during a tanning
process, wherein when said ball is subjected to six 45 minute
cycles of a rain test and said ball is permitted to dry at
approximately 70oF for 24 hours between cycles, said ball
contains an amount of water at the conclusion of each said
rain test cycle as expressed as a ratio of the weight of the
ball with absorbed water to the weight of the dry ball, an
average per cycle ratio at the conclusion of said six rain test
cycles being a maximum of 1.20:1.
Claim 3 stands rejected under 35 U.S.C. § 112, first paragraph, as containing
subject matter which was not described in the specification in such a way as to enable
one skilled in the art to which it pertains, or with which it is most nearly connected, to
make and/or use the invention and as containing subject matter which was not
described in the specification in such a way as to reasonably convey to one skilled in
the art that appellants had possession of the claimed invention. In other words, claim 3
stands rejected for failure of the specification to comply with the enablement
requirement and the written description or possession requirement.
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