Ex parte DEACON et al. - Page 34




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


                 lines 51 through 53).  It is for the latter reason that “the                                                                          
                 ends of the bristles need not be pointed” (column 2, lines 53,                                                                        
                 54).  Claims 3 and 9 of the patent reveal a length between                                                                            
                 about 1/16 inch and 1/4 inch for the bristles.   Considering                      22                                                  
                 the disclosed density of about 10 bristles per inch, it is                                                                            
                 clear to us that one skilled in the art would understand                                                                              
                 that the underside of the circular disc (flange) of Jordan,                                                                           
                 Jr. would be exposed between bristles and would also be                                                                               
                 capable of distributing weight over turf being walked on,                                                                             
                 while the bristles additionally support weight and provide                                                                            
                 traction.  Based upon the overall Jordan, Jr. teaching, it is                                                                         
                 quite apparent to us that one skilled in this art would have                                                                          
                 fairly expected the bristles (protrusions) of Jordan, Jr. to                                                                          
                 provide traction without doing damage to the turf surface                                                                             
                 being walked on and without puncturing turf.  For the above                                                                           
                 reasons, we conclude that the Jordan, Jr. cleat is capable of                                                                         
                 performing as the claimed golf shoe cleat. Thus, claim 138 is                                                                         
                 anticipated by the Jordan, Jr. patent.                                                                                                


                          22As earlier indicated in footnote no. 11, this length                                                                       
                 range overlaps appellant’s corresponding height range for the                                                                         
                 ribs.                                                                                                                                 
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