Ex parte CARNEY - Page 3




                 Appeal No. 1998-2657                                                                                                                   
                 Application No. 08/659,359                                                                                                             


                 § 102(e);        2                                                                                                                     
                 (2) Claims 1 and 3 to 5, unpatentable over Brandell in view of                                                                         
                 Terry, under 35 U.S.C. § 103(a).                                                                                                       


                 Rejection (1)- Under U.S.C. § 102(e)                                                                                                   
                          Claim 11 reads:                                                                                                               
                 A device providing means for practicing proper alignment                                                                               
                 of a face of a putter with respect to an optimum path of a                                                                             
                 properly impacted golf ball, said apparatus [sic: device]                                                                              
                 comprising:                                                                                                                            
                          a target placed on a surface for putting thereon, said                                                                        
                 target simulating a golf hole for putting thereto;                                                                                     
                          a laser emitter positioned adjacent said target                                                                               
                 projecting a laser beam forwardly thereof defining an                                                                                  
                 illuminated reference line for aligning said putter with                                                                               
                 respect thereto; and                                                                                                                   
                          said golf ball to be putted being placed on said path,                                                                        
                 said face being positioned adjacent said golf ball and said                                                                            
                 face being aligned perpendicularly to said reference line such                                                                         
                 that a properly aimed putt rolls along said reference line                                                                             
                 toward said target.                                                                                                                    
                          In order to constitute an anticipation of a claim, a                                                                          
                 reference must disclose every claimed limitation, either                                                                               


                          2The examiner designated this as a new ground of                                                                              
                 rejection in the answer because in the final rejection he had                                                                          
                 designated the statutory basis as § 102(b), rather than §                                                                              
                 102(e).                                                                                                                                
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