Ex Parte SUMITOMO et al - Page 5




              Appeal No. 2002-1071                                                                  Page 5                
              Application No. 09/369,312                                                                                  


              two body sheets in which the angle layers incline in opposite directions) are wound by                      
              two turns.  The claim clearly requires that the two sheets in which the angle layers                        
              incline in opposite directions are wound by 1.5 turns in a cross-sectional face of the golf                 
              club shaft and the 1.5 turns of the first and second angle layers continue along an axis                    
              of the shaft.  The claim does not recite that the two sheets in which the angle layers                      
              incline in opposite directions are wound by at least 1.5 turns in a cross-sectional face of                 
              the golf club shaft and the at least 1.5 turns of the first and second angle layers                         
              continue along an axis of the shaft.  In our view, the phrase "by 1.5 turns in a cross-                     
              sectional face of the golf club shaft" excludes other turns such as one turn, two turns,                    
              2. 5 turns, etc.  Furthermore, the phrase "the 1.5 turns of the first and second angle                      
              layers continue along an axis of the shaft" requires that each of the first and second                      
              angle layers have 1.5 turns at each position thereof along the axis of the shaft.                           
              Accordingly, it is clear to us that the applied prior art does not teach or suggest a golf                  
              shaft in which a first angle layer and a second angle layer are wound by 1.5 turns in a                     
              cross-sectional face of the golf club shaft and the 1.5 turns of the first and second                       
              angle layers continue along an axis of the shaft as recited in claim 1.                                     


                     For the reasons set forth above, the decision of the examiner to reject claim 1,                     
              and claims 2 to 5 dependent thereon, under 35 U.S.C. § 103 is reversed.                                     









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