Ex parte BERG - Page 6




          Appeal No. 98-2520                                                          
          Application 08/613,792                                                      



          construction for the composite shaft therein and provides no                
          teaching or suggestion concerning any defined layered shaft                 
          structure like that set forth in the claims before us on                    
          appeal.  Kusumoto and Akatsuka each disclose golf club shafts               
          having a layered composite construction and, as noted by the                
          examiner, disclose individual layers therein that are the same              
          as or similar to certain of the individual layers used in                   
          appellant’s claimed lightweight shaft and golf club.  However,              
          what each of the references relied upon by the examiner lacks               
          is any teaching, suggestion or incentive for combining the                  
          particular types of reinforcing layers set forth in the claims              
          on appeal in the particular sequence claimed so as to arrive                
          at a lightweight shaft or golf club like that defined in                    
          appellant’s claims on appeal.                                               


                    Like appellant (brief, page 11), it is our opinion                
          that the examiner has used the claimed invention as a guide or              
          blueprint to piece together various disparate aspects of the                
          Billings, Kusumoto and Akatsuka patents in an attempt to                    
          arrive                                                                      

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