Ex Parte BRINE, JR. et al - Page 7




             Appeal No. 2003-0918                                                               Page 7                
             Application No. 09/395,659                                                                               


             undercut quadrangular ribs 36b and quadrangular ribs 36c which are of right-angled                       
             cross-sectional configuration or which taper outwardly.  The quadrangular ribs                           
             36b may also stand up at a right angle from their longitudinal surface 31, while the                     
             longitudinal ribs may also be of triangular cross-sections (not shown).  Figure 5 of                     
             Kuebler depicts longitudinal ribs 37 of sawtooth-like longitudinal section.                              


                    Dupuis' invention provides a handle for a tool, instrument, or other object or                    
             article that enables perfect and natural adaptation of the shape of the handle to the                    
             hand that is holding it (translation, p. 4).  As shown in Figures 1-9, the handle may be                 
             used on a tennis racquet.  As shown in Figures 1-2, the handle has an octagonal core 3                   
             surrounded by a flexible sheath 4.  The flexible sheath 4 lies against the core 3 near the               
             apexes of the core while forming bulged areas 5 that create spaces which are                             
             filled with small beads 6.  The external configuration of the handle, thus, deforms to                   
             follow the contours of a gripping hand.                                                                  


             Claim 1                                                                                                  
                    We sustain the rejection of claim 1 under 35 U.S.C. § 103.                                        


                    Claim 1 reads as follows:                                                                         
                           A lacrosse stick, comprising,                                                              








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