Ex Parte Ferris - Page 14

                 Appeal 2007-2848                                                                                      
                 Application 10/765,106                                                                                
                 perform differently than that of Takeuchi.  Radakovich similarly                                      
                 provides an angled sighting device.                                                                   
                        Appellant argues his alignment system is for sighting the club                                 
                 relative to the ball.  (Br. 9.)  Appellant argues the alignment system of                             
                 Radakovich is for sighting a club relative to a target and not for                                    
                 aligning a club relative to the ball.  However, Radakovich states that                                
                 its golf club sighting apparatus is for precise alignment of the golf                                 
                 club head to a golf ball for improving accuracy to a designated target.                               
                 (Radakovich, col. 1, ll. 5-10.)  Thus Radakovich's ultimate goal is to                                
                 improve sighting and accuracy of the club head to the ball and the ball                               
                 to the target.  The fitting angle adjustment mark of Takeuchi is also to                              
                 align the golfer’s grip and provide an arrangement of the club in                                     
                 accordance with the golfer's usual hitting of the ball.  (Takeuchi, col.                              
                 1, ll. 24-30.)  Therefore, we are not persuaded by Appellant's                                        
                 argument that the sighting devices of the prior art are for different                                 
                 purposes.                                                                                             
                        This rejection is affirmed.                                                                    
                        Claims 3, 8 and 13                                                                             
                        Claim 3 is rejected under 35 U.S.C. § 103(a) as being unpatentable                             
                 over Cacicedo in view of Bloom, Radakovich and Takeuchi and further in                                
                 view of Eberle or Dishner.   Claim 8 stands rejected under 35 U.S.C. §103(a)                          
                 as obvious over Bloom in view of Radakovich, and Takeuchi, and further in                             
                 view of Eberle or Dishner.  Claim 13 is rejected under 35 U.S.C. § 103(a) as                          
                 being unpatentable over Radakovich in view of Takeuchi, and further in                                
                 view of Eberle or Dishner.   Each of the claims require that the “handle                              


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