Appeal No. 1998-2657
Application No. 08/659,359
vertical plane cannot be both parallel to the diameter and
also pass through the diameter, as recited. Considering the
apparatus disclosed by appellant in, e.g., Figs. 1 and 8 and
in the sentence bridging pages 16 and 17, it appears that,
rather than "parallel to and passing through," the term
"containing" would more accurately define what appellant
discloses and intended to claim. 3
(B) Claim 11 is rejected under 35 U.S.C. § 102(e) as
anticipated by Mick, which discloses a target 40 simulating a
golf hole
(col. 3, lines 8 to 10), a laser emitter 70 adjacent the
target, and a golf ball 30 on the optimum path with the face
of putter 20 adjacent thereto. The beam 72 emitted by the
laser constitutes "an illuminated reference line" as claimed,
it being noted that the claim does not require that the line
be on the surface.
3If appellant amends claim 1 in response to this
rejection, page 6, lines 10 to 12, and page 7, lines 3 to 5,
should be correspondingly amended. We also note that on page
15, line 23, and page 16, lines 16, 17 and 26, "90" or "92"
should be --98--.
7
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