Ex Parte Burger - Page 3


          Appeal No. 2004-1228                                                        
          Application No. 09/813,088                                                  



                    40.  The hockey stick of claim 1 including a cuff                 
               located on an interior of said hollow core of said                     
               shaft, adjacent said hosel portion, and overlying said                 
               hosel portion.                                                         
               The examiner relies on the following references as evidence            
          of unpatentability:                                                         
          Cecka et al.             4,212,461           Jul. 15, 1980                  
               (Cecka)                                                                
          Rodgors                  5,419,553           May  30, 1995                  
          Burger                   6,206,793 B1        Mar. 27, 2001                  
                                             (filed Dec. 23, 1997)                    
          Kline                    557,838             May  27, 1958                  
               (Canadian patent                                                       
               document)                                                              
               The appealed claims stand rejected as follows:                         
               I.   claims 18 through 22 under the first paragraph of 35              
                    U.S.C. § 112 “as containing new matter” (examiner’s               
                    answer mailed Oct. 21, 2003, paper 19, page 3; Office             
                    action mailed Nov. 6, 2001, paper 7, page 2);                     
               II. claims 1, 18 through 25, 30, 31, 40, 41, 43, and 44                
                    under 35 U.S.C. § 103(a) as unpatentable over Rodgors             
                    in view of Kline (answer, page 3; Nov. 6, 2001 Office             
                    action, page 3);                                                  
               III. claims 2 through 6 and 26 through 28 under 35 U.S.C. §            
                    103(a) as unpatentable over Rodgors in view of Kline              
                    and Cecka (answer, page 3; Nov. 6, 2001 Office action,            


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