Appeal No. 1997-4000
Application 08/319,004
the golf club head shown in the appellants’ drawings. Thus,
the
appellants’ position that the subject matter recited in claim
1 is not anticipated by Kaye is unconvincing.
Accordingly, we shall sustain the standing 35 U.S.C.
§ 102(b) rejection of claim 1 as being anticipated by Kaye.
As for the standing 35 U.S.C. § 102(e) rejection of claim
1, Petruccelli discloses a golf club designed to fill the need
for a club having “the same shape, length and lie as
traditional clubs” (column 1, lines 19 and 20), but which is
lighter for use by children and has a cushioned outer surface
to lessen the risk of injury should the club head strike
another person (see column 1, lines 21 through 30). The club
includes a shaft 10, a metallic member in the form of tubing
12 or a solid rod 30 joined to the lower end of the shaft, a
metal stiffener plate 18 affixed to the metallic member, and a
polyurethane head molded about the metallic member and
stiffener plate so as to form a flat striking layer 22 of
relatively dense polyurethane and a back cushion 24 of softer
9
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