Ex Parte Ferris - Page 12

                 Appeal 2007-2848                                                                                      
                 Application 10/765,106                                                                                
                 "Takeuchi also fails to teach a cross or intersecting lines" in their sighting                        
                 device. (Br. 10.)  Appellant argues that upon reviewing Radakovich’s Fig. 5                           
                 and the entire specification and drawings of Takeuchi, he can find no                                 
                 teaching of intersecting lines, nor intersecting lines forming four angles as                         
                 claimed. (Br. 10.)                                                                                    
                        Takeuchi describes a fitting angle1 adjustment mark for the end                                
                 surface of a grip in the same position which is recited in claims 1, 4, 5,                            
                 6, 9, 10, 11, 14 and 15.  Takeuchi Fig. 3 is reproduced below.                                        






                        Fig. 3 shows the mark has radially extending grooves in the rear                               
                 end surface of the grip which act as reference graduations.  (Takeuchi,                               
                 col. 2, ll. 49-53; col. 4, ll. 17-33.)   The graduations include "great                               
                 graduations at 45 degree intervals progressively from the reference                                   
                 graduation [5a]."  (Takeuchi, col. 2, ll. 30-62; col. 4, ll. 17-25.)                                  
                 Because the great graduations are at 45 degree angles, the grooves                                    
                 making the graduations form four angle quadrants.  While the grooves                                  
                 in Fig. 3 do not intersect in a cross, they do form four quadrants and                                
                 performed the same function as the claimed indicia.   There is no                                     
                 functional difference between the arrangement taught by Takeuchi                                      
                 and that recited in claim 1 other than a printed design feature (i.e.,                                
                                                                                                                      
                 1  A fitting angle is from the back line of the grip to the club face and must                        
                 exactly match the angles desired by a golfer.  Takeuchi, col. 1, ll. 30-32.                           
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