Ex Parte Peek - Page 5

               Appeal 2006-3098                                                                        
               Application 10/762,413                                                                  

          1    art.  From our review of the record, we agree with the Appellant (Br. 4) that           
          2    Elson is not analogous art for the following reasons.                                   
          3          Elson is directed to a valve mechanism for inflating balloons.  The               
          4    valve mechanism is not in the same field of endeavor as a golf training aid.            
          5    In addition, because Elson is directed to a valve for inflating balloons, Elson         
          6    is not reasonably related to the problem Appellant is directed to, i.e., a              
          7    training apparatus for practicing straight hits of a golf ball.  Since Elson is         
          8    not analogous art it would not have been obvious to modify Eslon to arrive              
          9    at the claimed invention.                                                               
         10                                                                                            
         11                            CONCLUSION OF LAW                                               
         12          On the record before us, Appellant has shown that the Examiner erred              
         13    in holding that Elson would have suggested to an artisan the invention of               
         14    claim 11.                                                                               
         15                                   DECISION                                                 
         16          The Examiner's rejection of claim 11 is reversed.                                 
         17                                                                                            
         18                                  REVERSED                                                  
         19                                                                                            
         20                                                                                            
         21                                                                                            
         22                                                                                            
         23                                                                                            
         24                                                                                            
         25    JRG                                                                                     


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