Ex parte VELLER - Page 5




          Appeal No. 97-0754                                         Page 5           
          Application No. 08/408,478                                                  


          Laboratories Corp., 859 F.2d 878, 882, 8 USPQ2d 1468, 1472 (Fed.            
          Cir. 1988).  Accordingly, we will initially direct our attention            
          to independent claim 1 to derive an understanding of the scope              
          and content thereof.                                                        


               Claim 1 is directed to a golf club shaft comprising, inter             
          alia, (1) a plurality of separate shaft sections presenting shaft           
          section ends having an inner surface and an outer surface wherein           
          the adjoining shaft section ends comprise a smaller end and a               
          larger end for overlapping the smaller end; (2) means for                   
          connecting the adjoining ends of the shaft sections; and                    
          (3) means for engaging the overlapping inner surface of the                 
          larger end with the overlapped outer surface of the smaller end.            


               Claim 1 recites two elements in means-plus-function format.            
          As explained in In re Donaldson, 16 F.3d 1189, 1193, 29 USPQ2d              
          1845, 1848-49 (Fed. Cir. 1994), the PTO is not exempt from                  
          following the statutory mandate of 35 U.S.C. § 112, paragraph 6,            
          which reads:                                                                
               An element in a claim for a combination may be expressed as            
               a means or step for performing a specified function without            
               the recital of structure, material, or acts in support                 
               thereof, and such claim shall be construed to cover the                
               corresponding structure, material, or acts described in the            
               specification and equivalents thereof.                                 







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