Appeal No. 95-4994 Page 6
Application No. 08/133,294
inner edge (as shown in Figure 8, White's elongated recesses 14
have an elongated inner edge), and said recess operatively
forming an elongated gap between said elongated inner edge and
said play surface when said lower edge is pushed against said
play surface (as shown in Figure 8, the elongated inner edges of
White's elongated recesses 14 are spaced from the lower edge to
form elongated gaps between the elongated inner edges and the
play surface when the lower edge is pushed against the play
surface).
The argument presented by the appellant that claim 1 is not
anticipated by White is unpersuasive for the following reasons.
First, the appellant's argument regarding the hazards of using
White's hockey stick and the inability of White's hockey stick to
comply with the standards of the National Hockey League
Association is not commensurate in scope with the claims under
appeal. Second, the claims on appeal do not define over White's
hockey stick shown in Figure 8 prior to fixedly attaching the
attachment member 1 to the hockey stick. In that regard, claim 1
is drafted utilizing the transitional phrase "comprising."
Therefore, claim 1 is open-ended and does not exclude additional,
unrecited elements such as White's attachment member.
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Last modified: November 3, 2007