Appeal No. 2006-1395 Παγε 2
Application No. 10/687,875
The appellant's invention relates to a protective bat barrel cover for a baseball or
softball bat (specification, p. 1). A copy of the claims under appeal is set forth in the
appendix to the appellant's brief.
The Prior Art
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Zills 4,401,245 Aug. 30, 1983
Millis et al. (Mills) 4,989,811 Feb. 5, 1991
Block 5,163,608 Nov. 17, 1992
Jones 5,417,354 May 23, 1995
Moseley 6,065,764 May 23, 2000
Cirone 6,681,821 Jan. 27, 2004
The Rejections
Claim 19 stands rejected under the judicially created doctrine of obviousness-
type double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No.
6,681,821 to Cirone.
Claim 20 stands rejected under the judicially created doctrine of obviousness-
type double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No.
6,681,821 to Cirone in view of U.S. Patent No. 5,417,354 to Jones.
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