Appeal No. 1998-2657
Application No. 08/659,359
target, we do not consider that it meets the claimed
limitation of "simulating a golf hole for putting thereto."
In general, terms in a claim are to be given their ordinary
and accustomed meaning, K-2 Corp. v. Salomon S.A., 191 F.3d
1356, 1362, 52 USPQ2d 1001, 1004 (Fed. Cir. 1999), and the
ordinary meaning of "simulate", as defined in Webster's Third
New International Dictionary (1971), is "to give the
appearance or effect of" or "to have the characteristics of."
The Terry device 10 does not meet any of these definitions,
since it does not give the appearance of, give the effect of,
or have the characteristics of a golf hole. The examiner
argues that "Terry's device is designed to receive a golf
ball, and thus meets the limitations of a target which
simulates a golf hole for putting thereto" (answer, page 5),
but we do not agree. Simply because a golf ball 26 may be
placed on the Terry apparatus does not mean that the apparatus
simulates a golf hole, but rather, if anything it would
simulate a putting green.
Accordingly, we will not sustain the § 102(e) rejection
of claim 11, nor of claims 12 and 13 dependent thereon.
Rejections Pursuant to 37 CFR 1.196(b)
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