Ex parte MICHAEL E. ORLOWSKI - Page 5




          Appeal No. 96-1823                                                          
          Application No. 08/187,521                                                  


          Corp. v. American Maize-Products Co., 840 F.2d 902, 907, 5 USPQ2d           
          1788, 1792 (Fed. Cir. 1988).                                                


               With this as background, we analyze the examiner's rejection           
          of independent claims 1 and 6 based on 35 U.S.C. § 103 as being             
          unpatentable over Bills in view of Fry and Okumoto.                         


               In the rejection (answer, pp. 3-4), the examiner determined            
          that: (1) Bills uses a foamed plastic material to reduce unwanted           
          vibration, thus improving the feel of the club head; (2) Bills              
          differs from the claimed invention in that Bills does not                   
          disclose a filling comprising an epoxy resin and microballoons;             
          (3) Okumoto shows it to be old in the golf art to use an epoxy              
          resin and microballoon mixture to replace a foam material                   
          conventionally used in clubs since the mixture increases the                
          fracture strength of the club head; and (4) Fry discloses a                 
          filler material in a putter that is used to selectively weight              
          either the head or shaft in order to improve the feel of the                
          club.  The examiner then determined that it would have been                 
          obvious to one skilled in the art to modify Bills by replacing              
          the foam used in the shaft portion with a resin and microballoon            
          mixture as taught by Okumoto since Fry would have motivated the             

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