Appeal No. 98-2520
Application 08/613,792
Our evaluation of the obviousness issues raised in
this appeal has included a careful assessment of appellant's
specification and claims, the applied prior art references,
and the respective positions advanced by appellant and the
examiner. As a consequence of our review, we have come to the
conclusion, for the reasons which follow, that the examiner's
rejections of the appealed claims under 35 U.S.C. § 103 are
not well founded and, therefore, will not be sustained.
Turning first to the examiner's rejection of claims
1 through 4, 6 through 10, 12 through 14, 17 through 19 and 21
through 24 under 35 U.S.C. § 103 as being unpatentable over
Billings in view of Kusumoto and Akatsuka, we note that while
Billings discloses a golf club wherein the shaft may be made
of a composite material (col. 4, lines 59-63) and also
provided with a
lightweight filler material located within an opening in the
club body at or adjacent the tip end thereof (col. 5, lines
26-31), Billings makes no mention of the specific manner of
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