Appeal 2007-2848
Application 10/765,106
whether there exists any new and unobvious functional relationship between
the printed matter and the substrate.” In re Gulack, 703 F.2d 1381, 1386,
217 USPQ 401, 404 (Fed. Cir. 1983).
In the present case, the prior art of Radakovich describes a
printed matter sighting device and Takeuchi describes a sighting
device forming four angle quadrants for the purpose of demarcating
the target directional line. The fact that the 45 degree angles do not
have intersecting lines wherein one line is longer than the other, does
not change the function of the sighting device fitted for the butt end of
a golf club. It would have been obvious to modify the indicia of
Radakovich or Takeuchi to fit an elongated oval club butt for the
stated function of providing a sighting guide for a golfer. While the
grooves in Fig. 3 of Takeuchi 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 14 other than a printed
design feature (i.e., non-intersecting lines versus intersecting lines,
and the length of one line being longer than the other). Whether the
lines intersect or not, or are of different lengths has no functional
relationship with the substrate, and thus we do not consider it to
distinguish the claimed feature from that disclosed in Takeuchi.
The obviousness rejection is affirmed.
CONCLUSION
The obviousness rejections are affirmed.
18
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: September 9, 2013