Ex parte MCMILLAN et al. - Page 14




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


          overall knowledge of those having ordinary skill in the tennis              
          racquet art, that the determination of string length and the                
          ratio of string width to length, as now claimed, would have                 
          been readily obtainable through ordinary experimentation and,               
          hence, obvious.  We need not address the Sol patent and                     
          appellants' argument relative to claims 10, 11, 13, and 14                  
          (main brief, pages 12 through 14) since the rejection of these              
          claims has not been sustained.  As to the rejection of claims               
          15 and 17 based upon the combined teachings of Garrett and                  
          prior art racquets (appellants' specification, page 10), the                
          argument is based upon the respective other features of claim               
          1 (maximum width of at least 0.620 inch) and claim 16 (ratio                
          of at least 0.5).  In light of the argument presented for                   
          claims 15 and 17, we sustain the rejection thereof for the                  
          reasons addressed above relative to respective parent claims 1              
          and 16.                                                                     


               In summary, this panel of the board has:                               


               sustained the rejection of claims 1 through 7, 16, 18                  
          through 22, and 24 under 35 U.S.C. § 103(a) as being                        
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