Ex Parte Thomas - Page 2




                    Appeal No. 2003-0584                                                                                                                                  
                    Application No. 09/845,280                                                                                                                            


                    a surface of the head in a common plane with the longitudinal                                                                                         
                    axis of the shaft and parallel to the striking face of the head.                                                                                      
                    Independent claim 1 is representative of the subject matter on                                                                                        
                    appeal and a copy of that claim, as reproduced from the Appendix                                                                                      
                    to appellant's brief, is attached to this decision.                                                                                                   


                    The prior art references relied upon by the examiner in                                                                                               
                    rejecting the appealed claims are:                                                                                                                    
                    Reach                                             1,433,150                                        Oct. 22, 1922                                      
                    Seisaku1                                          5-329233                                         Dec. 14, 1993                                      


                    Claims 1 through 4 stand rejected under 35 U.S.C. § 103(a)                                                                                            
                    as being unpatentable over Reach in view of Seisaku.                                                                                                  


                    Rather than attempt to reiterate the examiner's full                                                                                                  
                    commentary with regard to the above-noted rejection and the                                                                                           
                    conflicting viewpoints advanced by the examiner and appellant                                                                                         


                              1 Both the examiner and appellant refer to this reference as                                                                                
                    "Seisaku" and for the sake of clarity we will do so in our                                                                                            
                    discussions below, although we note that the named inventor is                                                                                        
                    Shoichi Tateishi.  In addition, we note that our understanding of                                                                                     
                    this foreign language document is based on a translation prepared                                                                                     
                    for the U.S. Patent and Trademark Office.  A copy of that                                                                                             
                    translation is attached to this decision.                                                                                                             
                                                                                    22                                                                                    





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