Ex Parte SUMITOMO et al - Page 2




              Appeal No. 2002-1071                                                                  Page 2                
              Application No. 09/369,312                                                                                  


                                                    BACKGROUND                                                            
                     The appellants' invention relates to an anisotropic golf club shaft (specification,                  
              p. 1).  A copy of the claims under appeal is set forth in the appendix to the appellants'                   
              brief.                                                                                                      


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Yamamoto et al. (Yamamoto)                 5,326,099                    July 5, 1994                        
              Kawamatsu                                  5,421,573                    June 6, 1995                        
              Nishihara                                  5,897,447                    April 27, 1999                      



                     Claims 1 to 5 stand rejected under 35 U.S.C. § 103 as being unpatentable over                        
              Kawamatsu in view of Yamamoto and Nishihara.                                                                


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejection, we make reference to the final                          
              rejection (Paper No. 7, mailed May 23, 2001) and the answer (Paper No. 14, mailed                           
              March 8, 2002) for the examiner's complete reasoning in support of the rejection, and to                    
              the brief (Paper No. 13, filed January 8, 2002) for the appellants' arguments                               
              thereagainst.                                                                                               








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