Appeal No. 1997-4000
Application 08/319,004
this term. As for the prior art which is of record, Kaye and
Petruccelli disclose golf clubs having conventional or
traditional configurations which are essentially similar to
the golf club configuration shown in the appellants’ drawings.
Indeed, Petruccelli’s stated objective is to provide a club
“with the same shape, length and lie as traditional clubs”
(column 1, lines 19 and 20). Thus, on the face of it, both
the Kaye and Petruccelli clubs would appear to have “standard”
configurations. The appellants submit, however, that they do
not (see pages 4
through 6 in the main brief). Under these circumstances, the
meaning of the term “standard” as it appears in the appealed
claims is unclear. 2
2 We also note that the recitation in claim 2 that the
metal rod provides a striking surface is inconsistent with the
underlying specification and with the recitation in parent
claim 1 that it is the golf club head which provides the
striking surface. This inconsistency, which was introduced in
the amendment filed August 7, 1995 (Paper No. 7), is deserving
of correction in the event of further prosecution before the
examiner.
5
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