Ex parte MCMILLAN et al. - Page 5




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


          preferably at least about 0.54."  On page 8 of the                          
          specification, it is indicated that "good torsion or                        
          resistance to twisting in the portion of the frame most                     
          subject to twisting" is achieved with a width of "at least                  
          0.600 inch, more preferably at least about 0.620 inch, and                  
          most preferably at least about 0.640 inch. With a W/L ratio of              
          "at least 0.500 and more preferably at least about 0.540 to                 
          0.542," "good torsion (resistance to twisting) and good                     
          stiffness (resistance to bending" is indicated.  According to               
          appellants (specification, page 5), the illustrated cross                   
          section of Figure 4 (4-4) has a length L of 1.181 inch and a                
          width W of 0.640 inch with the ratio of width W to length L                 
          being 0.542.  As revealed in TABLES I and II (specification,                
          page 6), width L and height W of cross sections above 4-4                   
          progressively decrease toward the top section.                              


               Appellants bring to our attention application Serial No.               
          569,348 (specification, page 7), which application matured                  
          into the Garrett, Jr. patent now applied by the examiner.  As               
          stated by appellants, in the 95 square inch model of the                    
          racquet described in that application (patent), section 4-4                 
                                          5                                           





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