Ex parte DE BYKHOVETZ et al. - Page 16




           Appeal No. 1998-2057                                                 Page 16              
           Application 08/331,541                                                                    


           clubs, including a loft angle corresponding to a sand wedge,4                             
           and which according to the specification “allows the player to                            
           more precisely control the distance and height of his shots”                              
           (col. 3, lines 45-52).  Divnick also teaches that the                                     
           adjustable club may have a club length of 39.25 inches (.997                              
           meters), i.e., a length greater than 0.99 meters (col. 6, line                            
           3).                                                                                       
                 In summary, this panel of the board has:                                            
                 reversed the rejection of claims 18 through 22 and 32                               
           through 35 under 35 U.S.C. § 103(a) as being unpatentable over                            
           Pfau in view of Paul; and                                                                 
                 affirmed the rejection of claims 23 through 31 under                                
           35 U.S.C. § 103(a) as being unpatentable over Pfau in view of                             
           Paul.                                                                                     
                 Additionally, we have remanded the application to the                               
           examiner for consideration of issues relating to additional                               
           prior art.                                                                                
                 The decision of the examiner is affirmed-in-part.                                   
                 In addition to affirming the examiner's rejection of one                            
           or more claims, this decision contains a remand.  37 C.F.R.                               

                 4According to Paul (page 291), a conventional loft angle for a sand                 
           wedge is 55E.                                                                             





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