Appeal No. 97-3003
Application 08/390,403
the position set forth in the appellant’s briefs, these claims
make no mention of “conventional” (whatever this means)
socket-type or over-hosel type club heads and do not require
the distal end of the second elongated engagement element to
be engagable, releasably or otherwise, with both types of
head, and that claim 10 does not actually recite the plurality
of unitary structures mentioned therein as part of the claimed
“combination.”
In summary:
a) the decision of the examiner to reject claims 2, 4 and
10 through 12 under 35 U.S.C. § 103 is reversed; and
b) a new 35 U.S.C. § 112, second paragraph, rejection of
claims 2, 4 and 10 through 12 is entered pursuant to 37 CFR
§ 1.196(b).
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final
rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
37 CFR § 1.196(b) provides that, “A new ground of rejection
shall not be considered final for purposes of judicial
review.”
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