Ex Parte Thomas - Page 4




                    Appeal No. 2003-0584                                                                                                                                  
                    Application No. 09/845,280                                                                                                                            


                    and having a flat striking face (14) thereon, and "an alignment                                                                                       
                    means [e.g., 15] extending along a surface of said club shaft and                                                                                     
                    said head in a plane perpendicular to said longitudinal axis of                                                                                       
                    said shaft and parallel to said striking face of said head."  It                                                                                      
                    is the last clause of claim 1 that is of concern, in that we do                                                                                       
                    not see how an imaginary plane defined by and including the                                                                                           
                    alignment means on the shaft and head of the golf club can be                                                                                         
                    said to be "perpendicular to said longitudinal axis of said                                                                                           
                    shaft."  In that regard, it is not clear to us how a plane can be                                                                                     
                    said to be perpendicular to an axis or line that lies in the                                                                                          
                    plane.                                                                                                                                                


                    Looking at Figures 1 and 2 of the application drawings, we                                                                                            
                    observe that the imaginary plane defined by the alignment means                                                                                       
                    (15) on the shaft (11) and head (13), as viewed for example in                                                                                        
                    Figure 2, would include the longitudinal axis (12) of the shaft                                                                                       
                    and would be considered to be perpendicular to the plane of the                                                                                       
                    paper which also includes shaft axis (12), but that the imaginary                                                                                     
                    plane in question would not be considered to be perpendicular to                                                                                      
                    the line or axis (12).                                                                                                                                




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