Appeal No. 2001-2533 Page 5
Application No. 09/372,988
greater than 28% and fails to disclose layers of varying rates of resin impregnation, that
while Fenton discloses ratios of up to 34% it fails to teach that the ratio of the middle
layer should be greater than that of the other layers, and that no suggestion exists to
modify the Akatsuka tubular body in such a manner as to meet the terms of the claim.
We find ourselves in agreement with the appellant, and we will not sustain the rejection.
Akatsuka is directed to a tubular golf club shaft. The shaft disclosed has three
layers of reinforcing fibers impregnated with resin which extend along the entire length
of the shaft, with fourth layers being added at the tip and grip ends of the shaft
(columns 2 and 3). The fibers in inner layer 1 are skewed (column 2, lines 27-28).
Those of intermediate layer 2 and outer layer 3 can be axially oriented (column 2, lines
17-18 and the drawing). Inner layer 1, intermediate layer 2 and outer layer 3 all have a
fiber content of at least 73% by weight and preferably 75-77% by weight which,
considering the resin to comprise the remaining ingredient, constitutes resin content of
23-27% by weight (column 2, line 51 to column 3, line 31). The fourth layers 4, which
are located inward of inner layer 1, contain 24-37% resin by weight, but are not
between any two of the other layers, and therefore are of no consequence in evaluating
the patentability of claim 1.
With regard to the requirements of claim 1, while the ranges taught by Akatsuka
would enable inner and outer layers having resin contents of 23% by weight, which falls
within the claimed range of 10-25% by weight, they peak at 27% by weight, which falls
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