Ex Parte Thomas - Page 3




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


                    regarding that rejection, we make reference to the examiner's                                                                                         
                    answer (Paper No. 10, mailed October 18, 2002) for the reasoning                                                                                      
                    in support of the rejection, and to appellant's brief (Paper No.                                                                                      
                    9, filed September 23, 2002) for the arguments thereagainst.                                                                                          


                                                                              OPINION                                                                                     


                    In reaching our decision in this appeal, we have given                                                                                                
                    careful consideration to appellant's specification and claims, to                                                                                     
                    the applied prior art references, and to the respective positions                                                                                     
                    articulated by appellant and the examiner.  As a consequence of                                                                                       
                    our review, we have made the determination that the examiner's                                                                                        
                    rejection of claims 1 through 4 will be sustained.  Our reasoning                                                                                     
                    follows.                                                                                                                                              


                    However, before looking to the prior art rejection, we note                                                                                           
                    that it is an essential prerequisite that the claimed subject                                                                                         
                    matter be fully understood.  Accordingly, we initially direct our                                                                                     
                    attention to appellant's independent claim 1 to derive an                                                                                             
                    understanding of the scope and content thereof.  Claim 1 sets                                                                                         
                    forth a golf club comprising a shaft (11) having a longitudinal                                                                                       
                    axis, a head (13) extending laterally from one end of the shaft                                                                                       

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