Ex Parte Spiegel - Page 2



             Appeal 2006-2155                                                                                    
             Application 10/747,179                                                                              
                                              THE INVENTION                                                      
                   The Appellant claims a football kicking tee and a device for controllably                     
             altering the trajectory of a kicked American football.  The device is a shaped                      
             appliance (40) that fits inside the kicking tee (10) and, due to its shape, alters the              
             trajectory of a football that strikes the appliance after being kicked by a kicker’s                
             foot (Specification 11: 3-7; 12: 14-20).  Claim 1 is illustrative:                                  
                   1. A device for controllably altering a trajectory of a kicked American                       
             football, comprising:                                                                               
                   a) a stationary body placed at a fixed location in front of an American                       
             football supported in an orientation permitting said football to be kicked by a                     
             kicker’s foot;                                                                                      
                   b) said body having a portion located such that after said football is kicked,                
             said football strikes said portion and is deflected into a substantially predictable                
             trajectory.                                                                                         
                                                                                                                
                                              THE REFERENCE                                                      
             McKee                                              5,613,678                                     Mar. 25, 1997
                                              THE REJECTION                                                      
                   Claims 1-20 stand rejected under 1) 35 U.S.C. § 112, first paragraph, written                 
             description requirement, and 2) 35 U.S.C. § 102(b) as anticipated by McKee.                         





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