Appeal No. 1997-4000
Application 08/319,004
with the loft angle and general shape of a standard club head
such as a 7-iron.
Turning now to the standing 35 U.S.C. § 102(b) rejection
of claim 1, Kaye discloses a golf club “adapted to be used
indoors in executing practice strokes upon floors or carpets
without injury to said floors or carpets” (page 1, lines 13
through 16). To this end, the golf club includes a shaft 1
and a club head 2 consisting of a rigid metal piece 3 having
an upper end enclosing the shaft and a lower end extension 4
embedded in a resilient and flexible material 6 such as soft
rubber.
Anticipation is established when a single prior art
reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984). In other words, there
must be no difference between the claimed invention and the
reference disclosure, as viewed by a person of ordinary skill
in the field of the invention. Scripps Clinic & Research
Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001,
7
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