Ex Parte PEGG - Page 3




          Appeal No. 2002-1163                                                         
          Application 09/393,374                                                       


          weight, as well as height, length, and width of the putter head              
          elements, namely the striking face and bottom face set forth in              
          the claims on appeal.  To address the above-noted differences,               
          the examiner looks to Turner (col. 2) for a teaching of putter               
          heads in the weight range of 10-14 ounces and a putter shaft                 
          weight of 4.1 ounces; Richilano (col. 2) for a teaching of a                 
          putter weighing between 10½ to 18 ounces; and Hannon (col. 3) for            
          disclosure of a putter head having a weight of approximately 10              
          ounces (308 grams) and a shaft weight typically of about 3.5                 
          ounces.  The examiner then provides the following commentary:                
               [c]onsidering the collective teachings of Turner, Richilano             
               and Hannon, it is clear that the appellant’s claimed                    
               dimensions for the putter are not novel.  Given the                     
               secondary teachings, it is clear that any number of weight              
               combinations for the shaft, grip and head are available to              
               the skilled artisan.  The claimed structure of a free-                  
               standing putter having either a generally flat foot surface             
               or concave foot surface that is wide enough to stabilize the            
               putter in a free standing configuration is also not novel,              
               as shown by the primary reference to Evans.  To have                    
               modified the Evans device to simply make use of dimensions              
               that are convenient and well-known for putters would have               
               been obvious to the skilled artisan at the time of the                  
               invention, the motivation being to simply arrange the weight            
               of the putter in a manner that not only satisfies the                   
               requirement that the Evans device be self-standing, but also            
               enables the putter to be balanced, a feature shown many                 
               times over again to be desirable in the art. (See answer                
               pages 4-5)                                                              




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