Ex parte DEACON et al. - Page 8




          Appeal No. 1998-0210                                                        
          Application No. 08/149,193                                                  


          With the aforementioned lower bend, there is “more angle on                 
          the sides of the cleat surface, and the ribs there are                      
          presented to the turf more aggressively for more traction”                  
          (page 6, lines 13 through 15).  Consistent with our view, as                
          expressed above, we are of the opinion that one skilled in                  
          this art would recognize, from a technical perspective, that                
          the lower bend of the flange distributes weight and provides a              
          traction surface and that the traction ribs provide for                     
          traction and are of a configuration such that they would also               
          distribute weight of the golfer.  For example, the inclined                 
          side walls of the eight (8) ribs of cross sectional shape                   
          (Fig. 8) may be subjected to golfer weight.  In the main brief              
          (page 24), in seeking to distinguish an applied reference,                  
          appellants argue that with the present invention the flange                 
          distributes weight so that it is spread over the tops of grass              
          plants, allowing the ribs or other traction means to extend                 
          between and engage the grass plants “substantially without                  







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