Appeal No. 98-2105
Application 29/052,205
contends in substance that Lombardo does not suggest the
examiner’s proposed modification of Hyde.
We have carefully considered the issues raised in this
appeal together with the examiner’s remarks and appellant’s
arguments. As a result, we conclude that the rejection of the
appealed claim cannot be sustained.
The Hyde reference does not show any angled bend in the
putter shaft. Instead, this reference merely shows a gradually
curved bend of relatively large radius in an intermediate portion
of the putter shaft. In contrast, appellant’s putter shaft design
has a sharply angled bend lying between straight shaft portions
about midway between the ends of the putter shaft.
Nevertheless, even if it is assumed that the Hyde reference
satisfies the Rosen requirements, we cannot agree that the
teachings of the applied references would have suggested the
overall appearance of the claimed design as required in In re
Cho, 813 F.2d 378, 382, 1 USPQ2d 1662, 1663 (Fed. Cir. 1987).
Hyde obviously lacks a suggestion of the overall appearance of
appellant’s design because, as noted supra, it lacks an angled
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