Ex Parte Ferris - Page 7

                 Appeal 2007-2848                                                                                      
                 Application 10/765,106                                                                                
                 This court’s predecessor has held that, without a terminal disclaimer, the                            
                 species claims preclude issuance of the generic application.”).                                       
                        Claim 1 of the U.S. Patent No. 6,723,001 ('001) is directed to a golf                          
                 club with an oval  handle, but further requires:                                                      
                        said handle being further defined by said cross-sectional, length                              
                        dimension of said oval, cross-sectional shape being at least 1.5 times                         
                        greater than the largest width dimension between said side surfaces of                         
                        said handle.                                                                                   
                        Claims 4 and 5 of the '001 patent further require a putter-type                                
                 golf club having alignment indicia; claim 5 particularly covers (“first                               
                 alignment line bisecting said oval shaped handle between said first                                   
                 rounded forward edge and said second rounded rearward edge in a                                       
                 direction perpendicular to said ball striking face and a second                                       
                 alignment line, perpendicular to said first alignment line”) an                                       
                 alignment indicia having four angles.                                                                 
                        Instant claim 1 of the pending application recites that                                        
                        said upper edge of said handle including alignment indicia                                     
                        thereon, defined by at least a first alignment line in the direction                           
                        perpendicular to the first plane of said ball striking face and a                              
                        second alignment line on said upper edge of said handle, said                                  
                        second alignment line being perpendicular to said first                                        
                        alignment line, parallel to said first plane of said ball striking                             
                        face; and wherein said first alignment line and said second                                    
                        alignment line intersect to form four angles.                                                  

                        Thus, claims 4 and 5 of the ‘001 patent meet the limitations of instant                        
                 claim 1 of an indicia forming four angles.  Appellant does not identify any                           
                 other defect in the rejection, and as we find none, the obviousness-type                              
                 double patenting rejection of claim 1 is affirmed.  Claims 2-15 fall with                             


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