Appeal No. 1999-1979
Application No. 08/758,788
golf club in which the insert is constructed from one of a
group of materials having varying hardness; (2) pads
constructed from titanium, graphite, PTFE, copper, brass,
nylon, resinous plastic
material, polycarbonate resin, aluminum or steel; and (3) pads
having different weights or textures (brief, pages 6 and 7).
Like the examiner, we are not persuaded by appellant’s
arguments. Claim 1 does not require a plurality of pads
fabricated from different materials or having different
weight, texture or varying hardness. Rather, claim 1 requires
a ball striking insert fabricated from a material selected
from a group of materials which includes resinous plastic
material. Appellant would have us read into claim 1
limitations which are contrary to the plain words of the
claim, something that we simply cannot do. See In re Zletz,
893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).
Thus, we will not read claim 1 as requiring a plurality of
ball striking inserts fabricated from different materials
having different weight, texture and hardness.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007