Ex Parte DIONNE - Page 6




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


               elongate shaft so that a sole of said club head is                     
               substantially parallel to the ground at the moment of impact           
               of the club head against the ball and so that said shaft is            
               positioned at an angle of about ten degrees relative to an             
               imaginary line that is perpendicular to a putting surface.             
          The examiner’s determination (final rejection, page 3; answer,              
          page 4) that Williams discloses a golf club having the required             
          structure and performing the required steps, is without merit.              
          The golf putter of Williams is not configured as required in                
          appellant’s claim 1 on appeal when the toe ball-striking surface            
          (13) therein is used by the golfer standing in a position facing            
          the target golf hole as seen in either Figures 7 and 8, or                  
          Figures 10 and 11 of Williams.  As is apparent from Figures 9 and           
          12, the shaft (16) of the club in Williams is not oriented “so              
          that said shaft is positioned at an angle of about ten degrees              
          relative to an imaginary line that is perpendicular to a putting            
          surface,” as set forth in claim 1 on appeal.  Figures 8 and 9, or           
          Figures 11 and 12 of Williams clearly show the shaft (16) of the            
          club positioned at 90° to the putting surface, i.e., aligned with           
          an imaginary line that is perpendicular to the putting surface.             
               Regarding White, we observe that this patent discloses a               
          golf chipper club having an elongate shaft (18) with two gripping           
          portions (16, 17) and a lofted head having a loft angle of                  
          between about 25 degrees and 45 degrees.  As is readily apparent            
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