Ex Parte Jacobs - Page 1

                             The opinion in support of the decision being entered today                     
                                     is not binding precedent of the Board.                                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                           BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                   
                                        Ex parte SCOTT JACOBS                                               
                                            Appeal 2007-2027                                                
                                          Application 10/210,269                                            
                                         Technology Center 3700                                             
                                          Decided: July 13, 2007                                            
               Before DONALD E. ADAMS, ERIC GRIMES, and RICHARD M.                                          
               LEBOVITZ, Administrative Patent Judges.                                                      
               GRIMES, Administrative Patent Judge.                                                         

                                         DECISION ON APPEAL                                                 
                      This is an appeal under 35 U.S.C.  134 involving claims to a                         
               protective athletic cup.  The Examiner has rejected the claims as obvious.                   
               We have jurisdiction under 35 U.S.C.  6(b).  We affirm.                                     
                      “Current athletic cups are sometimes formed from hard thermoplastic                   
               materials of sufficient strength to resist the impact of, for example, a                     
               baseball traveling at high speed” (Specification 1).  While conventional                     

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