Appeal No. 1999-2033 Page 3
Application No. 08/737,928
(claims 30 and 31) for assembling such a golf club head. A copy of the claims under
appeal is set forth in the appendix to the appellants’ brief (Paper No. 14).
The sole prior art reference relied upon by the examiner in rejecting the appealed
claims under 35 U.S.C. §§ 102 and 103 is:
Reach 2,332,342 Oct. 19, 1943
The following rejections are before us on appeal.2
Claims 17 and 18 stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which appellants regard as their invention.
Claims 12, 13 and 22-24 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Reach.
Claims 15, 19 and 25-31 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Reach.
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellants' specification and claims, to the Reach patent, and to the respective positions
2As noted by the examiner on page 6 of the answer, the objection to claim 31 for allegedly failing
to comply with 37 CFR § 1.75(c) is reviewable by petition under 37 CFR § 1.181and thus is not within the
jurisdiction of the Board. See In re Mindick, 371 F.2d 892, 894, 152 USPQ 566, 568 (CCPA 1967). See
Manual of Patent Examining Procedure (MPEP) §§ 1002 and 1201.
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