Ex parte DEACON et al. - Page 33




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


                 provide traction without doing damage to the turf surface                                                                             
                 being walked on and without puncturing the golf turf.                                                                                 


                          Jordan, Jr. teaches a track shoe cleat that may be used                                                                      
                 on synthetic turf, for example.  The patentee seeks to                                                                                
                 overcome a damage problem that accrues from the use of long                                                                           
                 and sharp metal traction spikes that penetrate a track surface                                                                        
                 (column 1, lines 21 through 40).   A cleat is disclosed that21                                                                           
                 comprises a disc-shaped body having a plurality of bristles                                                                           
                 downwardly extending therefrom (column 1, lines 68 through                                                                            
                 70).  In our opinion, the bristles can reasonably be viewed as                                                                        
                 protrusions.  These bristles are indicated to have sufficient                                                                         
                 stiffness so that they won’t collapse or break when supporting                                                                        
                 the weight of an athlete (column 2, lines 25 through 27).                                                                             
                 Jordan, Jr. sets a lower limit of about 10 bristles per square                                                                        
                 inch (column 2, lines 41, 42). Further, the patentee expressly                                                                        
                 indicates that “[i]n use, the bristle spikes are most                                                                                 
                 effective when they result in indentation of the running                                                                              
                 surface as opposed to penetration of the surface” (column 2,                                                                          

                          21The problem addressed by the patentee is akin to the                                                                       
                 problem discussed by appellants (specification, page 1).                                                                              
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