Appeal No. 2002-1019
Application 09/433,570
column 1, lines 31 through 41). Tischler’s training device 10
comprises a semi-rigid rod having a post 18 at one end for
insertion into the handle end of a putter and a crutch arm 16 at
the other end for placement against the armpit under the rearward
shoulder of the golfer, i.e., the right shoulder of a right
handed golfer or the left shoulder of a left handed golfer (see
column 3, line 41 et seq.).
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
As appears to be conceded by the examiner (see page 7 in the
final rejection), the Tischler training device, shaped such that
its anchor, crutch arm 16, is positioned for placement against
the right armpit of a right handed golfer or the left armpit of a
left handed golfer, lacks the configuration necessary to meet the
limitations in independent claims 1, 9 and 16 relating the anchor
to the left armpit of a right handed golfer or the right armpit
of a left handed golfer. This training device 10, constructed to
effect a “push-it” stroke, also fails to meet the limitations in
11
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