Appeal No. 2002-0245 Page 7
Application No. 09/202,412
The examiner has not pointed out where the step of determining a variable
center of gravity is suggested or taught by Ammon. Our review of Ammon does not
reveal any teaching or suggestion that Ammon determines a variable center of gravity.
Thus, even if it would have been obvious at the time the invention was made to a
person of ordinary skill in the art to modify Eckert with "the features from the method of
Ammon" such would not have determined a variable center of gravity and therefore
would not have arrived at the subject matter of claim 16.
For the reasons set forth above, the decision of the examiner to reject claims 16
to 21 under 35 U.S.C. § 103 as being unpatentable over Eckert in view of Ammon is
reversed.
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