Ex Parte DIONNE - Page 2




          Appeal No. 2002-1198                                                        
          Application 09/349,306                                                      


          relative to the elongate shaft, and having a lofted club face;              
          maintaining the golf club in a substantially vertical plane by              
          first and second hands of a golfer standing in an erect posture             
          and facing a target hole; with a golf ball positioned near a                
          preselected foot of the golfer on an exterior side thereof; and             
          executing a chip shot by swinging the club head with a motion and           
          with a force substantially equal to a motion and force used to              
          perform an underhand toss of a golf ball toward the target golf             
          hole.  In the paragraph bridging pages 4 and 5 of the                       
          specification, appellant defines what is meant by a golfer                  
          “standing erect” or being in an erect posture, i.e, that “said              
          golfer does not bend over at the waist, nor does said golfer bend           
          his or her knees;” in addition, “the golfer’s head is not bent              
          downwardly to look at the ball and . . . the golfer does not lean           
          to either side.”  Independent claim 1 is representative of the              
          subject matter on appeal and a copy of that claim may be found in           
          the Appendix to appellant’s brief.                                          
          The prior art references relied upon by the examiner in                     
          rejecting the appealed claims are:                                          
          White                         5,830,082           Nov.  3, 1998             
          Shiraishi                     5,890,971           Apr.  6, 1999             
          Williams                      5,976,025           Nov.  2, 1999             
          Gidney                        6,039,657           Mar. 21, 2000             
                                                  (filed Jan. 15, 1998)               
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