Ex parte MCMILLAN et al. - Page 3




                 Appeal No. 1999-2737                                                                                                                   
                 Application No. 08/438,767                                                                                                             


                          Claims 15 and 17 stand rejected under 35 U.S.C. § 103(a)                                                                      
                 as being unpatentable over Garrett in view of a prior art                                                                              
                 racquet (appellants' specification, page 10, Table IV).                                                                                


                          The full text of the examiner's rejections and response                                                                       
                 to the argument presented by appellants appears in the office                                                                          
                 action mailed November 13, 1996 and the answer (Paper Nos. 10                                                                          
                 and 21), while the complete statement of appellants' argument                                                                          
                 can be found in the main and reply briefs (Paper Nos. 19½ and                                                                          
                 23).                                                                                                                                   


                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issues                                                                          
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellants' specification and claims, the applied                                                                           
                 teachings,  the declaration of Willie McMillan dated March 26,1                                                                                                                    

                          1In our evaluation of the applied prior art, we have                                                                          
                 considered all of the disclosure of each reference for what it                                                                         
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                                                                                                            (continued...)                              
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