Ex parte DEACON et al. - Page 32




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


                          Claim 138 is rejected under 35 U.S.C. § 102(b) as being                                                                      
                 unpatentable over Jordan, Jr.                       19                                                                                


                          This claim is drawn to a removable golf shoe cleat, for                                                                      
                 use in a golf shoe having a sole, with the sole having a                                                                              
                 plurality of sole attachment means for attachment of removable                                                                        
                 cleats, the cleat comprising, inter alia, (a) a flange having                                                                         
                 a lower surface that distributes weight of a wearer of the                                                                            
                 cleat over turf being walked on; (b) flange attachment means                                                                          
                 for removably attaching  the cleat to one of the sole                                                                                 
                 attachment means; and (c) a plurality of protrusions  on the                                 20                                       
                 lower surface of the flange, the flange distributing said                                                                             
                 weight over the turf being walked on while the protrusions                                                                            
                 provide traction against the turf, wherein the protrusions                                                                            

                          19The Jordan, Jr. teaching of no bristle penetration                                                                         
                 (column 2, lines 51 through 53) appears to us to rebut                                                                                
                 appellants’ assertion that “Only applicants/appellants                                                                                
                 realized that one could achieve traction without damaging                                                                             
                 penetration.” (main brief, page 25).                                                                                                  
                          20The word “protrusions” does not appear in appellants’                                                                      
                 specification. We understand the singular form of this term to                                                                        
                 broadly denote something that protrudes, i.e., projects,                                                                              
                 sticks out, or juts out from a surrounding surface. Webster’s                                                                         
                 New Collegiate Dictionary, G. & C. Merriam Company,                                                                                   
                 Springfield, Massachusetts, 1979.                                                                                                     
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