Ex Parte HOEFLICH et al - Page 13




              Appeal No. 2002-0265                                                               Page 13                
              Application No. 08/787745                                                                                 


              those claims that is incompatible with this definition, which is not the case with the other              
              claims.                                                                                                   
                     In the description of the prior art in the specification, reference is made to shafts              
              having “butt sections” (lines 2, 4 and 6) which make up one of the two sections of the                    
              shaft.  In the summary of the invention on page 2, the specification explains that the                    
              present invention has a reduced diameter “butt section” that tapers to a “tip portion” (line              
              24), but goes on to describe a reduced diameter “cylindrical butt portion” (line 26).  “Butt              
              portion” also is used to describe the portion toward which the kick point was moved in a                  
              prior art patent (page 5, line 25).  A description of the mandrels on which the shafts are                
              made begins on page 6, and the mandrels are described as having “a tip end 31 and a                       
              butt end 32" (line 4).  Thus, in Figure 5A, 31 and 32 denote “ends” as commonly                           
              defined, while the numerals 120 and 128, the lead lines of which point to cylindrical                     
              elements, each denote “a cylindrical portion” (lines 15-17).  Further inconsistency exists                
              in describing the shafts in Figures 9A and 9B, for it is stated that “[t]he tip portion                   
              extends about 1 to 6 inches from the tip of the shaft.  The shaft then tapers to . . . the                
              butt end” (page 7, lines 23 and 24), and then the specification goes on to explain that                   
              the grips are molded to fit the “butt” of the finished shaft (page 8, line 1).  However,                  
              Figures 9A and 9B each appear to be divided into a butt portion (or section) 5" long, a                   
              center portion 29" long, and a tip portion 6" long, although they are not provided with                   
              any labels.                                                                                               








Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007