Ex parte FITE - Page 11




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


          materials having varying hardness or pads constructed from a                
          group of materials having different weights or textures                     
          (brief, pages 8 and 9).                                                     
               Claim 26 does call for “a plurality of ball striking                   
          inserts,” but does not require that the inserts be constructed              
          from different materials or have different hardness, weight or              
          texture as appellant seems to suggest.  Rather, claim 26                    
          requires                                                                    
          that each insert be “fabricated from a material selected from               
          the group consisting of titanium, graphite, PTFE, copper,                   
          brass, nylon, resinous plastic material, polycarbonate resin,               
          aluminum and steel.”                                                        
               Fisher teaches a set of golf putter inserts with each                  
          insert being constructed of polyurethane, a resinous plastic                
          material,                                                                   
          and having the same hardness and a different rebound factor.                
          Thus, the limitation of claim 26 that each insert is                        
          “fabricated from a material selected from the group consisting              
          of titanium, graphite, PTFE, copper, brass, nylon, resinous                 
          plastic material, polycarbonate resin, aluminum and steel” can              


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