Ex Parte Thomas - Page 5




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


                    In our view, the specification (e.g., page 2) more correctly                                                                                          
                    sets forth that the alignment device which extends along a                                                                                            
                    surface of the club shaft and a surface of the head is "in a                                                                                          
                    common plane with the longitudinal axis of the shaft and parallel                                                                                     
                    to the striking face of the head."  For purposes of this appeal,                                                                                      
                    we understand the language of claim 1 to require this                                                                                                 
                    relationship and suggest that appellant consider, during any                                                                                          
                    further prosecution of the application before the examiner,                                                                                           
                    amending claim 1 to make this point clear.                                                                                                            


                    Claim 3 on appeal adds to the subject matter of independent                                                                                           
                    claim 1 that the alignment means is "a discontinuous line."                                                                                           
                    While page 6, lines 15-16, of the specification indicate that                                                                                         
                    this embodiment of the invention is "shown in Fig. 2," we find no                                                                                     
                    such showing in Figure 2 of the drawings.  Since the                                                                                                  
                    specification provides no other guidance as to what constitutes                                                                                       
                    "a discontinuous line," we give this terminology its broadest                                                                                         
                    reasonable interpretation consistent with common usage.  Thus, a                                                                                      
                    "discontinuous line" is a line which is broken up by at least one                                                                                     
                    interruption or gap and is therefore made up of a series of                                                                                           
                    aligned line segments separated by a gap or gaps.                                                                                                     


                                                                                    55                                                                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007