Ex parte FITE - Page 9




          Appeal No. 1999-1979                                                        
          Application No. 08/758,788                                                  


               Appellant has not explained, nor is it evident, why the                
          putting characteristics of the golf club disclosed by Fisher                
          would not be varied, if the club were used with inserts of                  
          different weight, texture and hardness.  Thus, the examiner’s               
          determination that Fisher discloses, expressly or under                     
          principles of inherency, each and every element of the                      
          invention recited in claim 1 is well taken.                                 




               Therefore, we will sustain the standing 35 U.S.C. §                    
          102(b) rejection of claim 1 as being anticipated by Fisher.                 
          It follows, based on appellant’s grouping of claims 1 and 20,               
          supra, that the standing 35 U.S.C. § 102(b) rejection of claim              
          20 will also be sustained.                                                  
          Rejection (II)                                                              
               Claim 6 is dependent on claim 1 and further requires that              
          the recess and the ball striking insert both have chamfered                 
          corner portions.                                                            
               Appellant does not contest the examiner’s determination                
          that putting chamfered corner portions on the insert taught by              
          Fisher would have been an obvious matter of design choice.                  
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