Ex parte CLARK - Page 7




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


          patentability of the claimed subject matter in light of Guier               
          as a primary reference.  As indicated above, Guier discloses a              
          putter having an adjustable sole or lie angle.  The putter                  
          includes a shaft 10 and club head 13 joined by a neck 12 of                 
          ductile material.  As shown in Figure 1, the neck reasonably                
          can be described as comprising first and second elongated                   
          engagement elements which are secured together at their                     
          proximal ends.  The distal end of upper or first engagement                 
          element is attached to the shaft (see column 4, lines 39 and                
          40) and the distal end 30 of the lower or second engagement                 
          element is anchored within a hole 31 in the club head (a                    
          socket-type engagement).  The neck is both ductile enough to                
          be bent or pivoted about its medial portion (where the                      
          proximal ends of the two engagement elements meet) to adjust                
          the lie angle and strong enough to maintain the selected angle              
          under the force of a putting stroke (see column 4, line 21 et               
          seq.).                                                                      


               This putter construction would appear to be highly                     
          relevant to the subject matter presently recited in claims 2,               
          4, 10 and 11.  In this regard, we would note that, contrary to              
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