Ex parte MCMILLAN et al. - Page 4




                 Appeal No. 1999-2737                                                                                                                   
                 Application No. 08/438,767                                                                                                             


                 1997, and the respective viewpoints of appellants and the                                                                              
                 examiner.  As a consequence of our review, we make the                                                                                 
                 determinations which follow.                                                                                                           


                          We sustain the examiner's rejection of claims 1 through 7                                                                     
                 and 15 through 24, but do not sustain the rejection of claims                                                                          
                 8 through 14 and 25 through 29.  Our reasoning in support of                                                                           
                 these conclusions appears below.                                                                                                       


                          At the outset, we appreciate from a reading of                                                                                
                 appellants' specification (page 3) that the present invention                                                                          
                 addresses widths of a tennis racquet frame just above the area                                                                         
                 where the yoke and Y-shaped arms of the throat merge with the                                                                          
                 inverted                                                                                                                               
                 U-shaped portion of the head.  The widths are of "at least                                                                             
                 0.600 inch," "more preferably at least about 0.640 inch," with                                                                         
                 the ratio of width to height being "at least 0.50, and more                                                                            

                          1(...continued)                                                                                                               
                 account not only the specific teachings, but also the                                                                                  
                 inferences which one skilled in the art would reasonably have                                                                          
                 been expected to draw from the disclosure.  See In re Preda,                                                                           
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      

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