Ex parte MCMILLAN et al. - Page 9




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


                          In light of the above, we attribute to those having                                                                           
                 ordinary skill in the art, when the present invention was                                                                              
                 made, knowledge and a level of ordinary skill reflected by the                                                                         
                 known racquets and their parameters, as revealed throughout                                                                            
                 the present specification, and as highlighted above.                                                                                   


                          As to claim 1, we share the examiner's point of view to                                                                       
                 the effect that, based upon the knowledge of a width of 0.607                                                                          
                 reflected by the Garrett patent and the level of skill in this                                                                         
                 art, the claimed maximum width of at least 0.620 inch would                                                                            
                 have been obvious to one having ordinary skill in the art.                                                                             
                 Like the examiner, we are of the opinion that the knowledge of                                                                         
                 those practicing this art at the time of the present invention                                                                         
                 would have given them the reasonable expectation that                                                                                  
                 increasing width would yield improved resistance to torsion.                                                3                          
                 This clearly is the reason why in a quad taper racquet, like                                                                           
                 that of Garrett, it is known to increase racquet width to a                                                                            


                          3This point of view is corroborated by appellants'                                                                            
                 acknowledgment in the background section of the specification                                                                          
                 (page 2) that a circular cross-section "or a wider frame                                                                               
                 thickness (viewed in plan) provides increased torsion, i.e.,                                                                           
                 resistance against twisting."                                                                                                          
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