Ex Parte Spiegel - Page 3



                Appeal 2006-2155                                                                                 
                Application 10/747,179                                                                           
                       The Appellant argues that McKee does not indicate that the football is                    
                deflected into a substantially predictable trajectory (Request 5-6).  The                        
                Appellant’s Specification does not indicate how predictable a “substantially                     
                predicable trajectory” must be.  Certainly, if a football is kicked forward                      
                from McKee’s tee, the ball predictably will go in a generally forward                            
                trajectory rather than backward.                                                                 
                       For the above reasons we are not convinced of error in our decision.                      
                Accordingly, the request for rehearing is denied.                                                
                       No time period for taking any subsequent action in connection with                        
                this appeal may be extended under 37 C.F.R. § 1.136(a)(2006).                                    
                                                   DENIED                                                        




                hh                                                                                               


                H. Jay Spiegel                                                                                   
                P.O. Box 11                                                                                      
                Mount Vernon, VA  22121                                                                          







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