Ex parte BERTOLUCCI et al. - Page 3




                 Appeal No. 98-1044                                                                                                                     
                 Application 08/126,336                                                                                                                 


                          c) claim 2 under 35 U.S.C. § 103 as being unpatentable                                                                        
                 over Schuman in view of Bifulco and Humphrey;                                                                                          
                          d) claims 3 through 5 under 35 U.S.C. § 103 as being                                                                          
                 unpatentable over Ruden in view of Hoff, Silberman and Noble;                                                                          
                 and                                                                                                                                    
                          e) claims 12 and 13 under 35 U.S.C. § 103 as being                                                                            
                 unpatentable over Ruden in view of Hoff and Silberman.                                           2                                     
                          Reference is made to the appellants' main and reply                                                                           
                 briefs (Paper Nos. 15 and 17) and to the examiner's main and                                                                           
                 supplemental answers (Paper Nos. 16 and 19) for the respective                                                                         
                 positions of the appellants and the examiner with regard to                                                                            
                 the merits of these rejections.                                                                                                        
                          Turning first to the standing 35 U.S.C. § 102(b)                                                                              
                 rejection of claim 11, Schuman pertains to "an aid for use in                                                                          
                 golf putting and, in particular, to an aid for maintaining the                                                                         
                 golfer's legs in a substantially fixed position to steady the                                                                          
                 golfer's stance and reduce body sway" (column 1, lines 6                                                                               
                 through 9).  As described in more detail by Schuman,                                                                                   

                          2The examiner entered the above rejections of claims 3                                                                        
                 through 5, 12 and 13 for the first time in the main answer                                                                             
                 (Paper No. 16) to replace the rejections of these claims set                                                                           
                 forth in the final rejection (Paper No. 13).                                                                                           
                                                                         -3-                                                                            





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