Ex parte CLARK - Page 6




                 Appeal No. 97-3003                                                                                                                     
                 Application 08/390,403                                                                                                                 


                 elongated engagement element is adapted to engage fixedly the                                                                          
                 putter club head by insertion into the socket-type putter head                                                                         
                 or slidably accepting the over-hosel type putter head.”  The                                                                           
                 appellant’s disclosure, however, indicates that the socket-                                                                            
                 type and over-hosel type engagements are distinct and mutually                                                                         
                 exclusive expedients for connecting a putter head and shaft                                                                            
                 (see, for example, page 4 in the specification).  Claim 11 is                                                                          
                 unclear as to which of these two engagements the putter club                                                                           
                 head which is set forth as part of the claimed combination is                                                                          
                 adapted for.   Thus, the scope of claim 11, and of claims 2,3                                                                                                                
                 4, 10 and 12 which depend therefrom, is indefinite.  The scope                                                                         
                 of dependent claims 2, 4, 10 and 12 is further indefinite in                                                                           
                 that their preambles (“A golfing aid . . .") are inconsistent                                                                          
                 with the preamble of parent claim 11 ("In  combination . .                                                                             
                 .").                                                                                                                                   
                          In the event of further prosecution of this application,                                                                      
                 the examiner would be well advised to evaluate the                                                                                     


                          3Contrary to arguments presented throughout the                                                                               
                 appellant’s briefs, the appealed claims do not require the                                                                             
                 distal end of the second elongated engagement element to be                                                                            
                 engagable with both a socket-type putter head and a over-hosel                                                                         
                 type putter head.                                                                                                                      
                                                                         -6-                                                                            





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