Ex parte MCMILLAN et al. - Page 7




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


                                   [w]hen the Quad Taper  racquet was    2                                                                              
                                   designed, it was not obvious to me or to my                                                                          
                                   co-workers at Wilson that increased                                                                                  
                                   resistance to torsion could be obtained by                                                                           
                                   significantly decreasing the height of                                                                               
                                   Section 4-4 and increasing the width so                                                                              
                                   that the ratio of width to length was at                                                                             
                                   least 0.5.                                                                                                           


                          We turn now to independent claims 1 and 16.                                                                                   


                          Independent claim 1 is drawn to a tennis racket                                                                               
                 comprising, inter alia, a frame, a shaft including a pair of                                                                           
                 diverging arms, and a head including a yoke portion, wherein                                                                           
                 the length and width of the cross-section of an upper portion                                                                          
                 of the head is at a maximum adjacent the merger between the                                                                            
                 yoke portion and the  arms and decreases toward the top of the                                                                         
                 frame, the dimension of the maximum width being at least 0.620                                                                         
                 inch.                                                                                                                                  


                          Independent claim 16 sets forth a tennis racket                                                                               
                 comprising, inter alia, a frame, a shaft including a pair of                                                                           

                          2In section 2. of the declaration, it is pointed out that                                                                     
                 the Quad Taper racquet is made generally in accordance with                                                                            
                 the Garrett patent, the reference relied upon by the examiner.                                                                         
                                                                           7                                                                            





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