Ex Parte Kusumoto et al - Page 11



                    Appeal No. 2003-1937                                                                                                                                  
                    Application No. 09/522,296                                                                                                                            

                    provide the added benefits [sic, of] enhanced rigidity throughout                                                                                     
                    the shaft securing means" (answer, page 7).  The examiner has                                                                                         
                    also urged that the selection by the club maker to assemble the                                                                                       
                    shell in Endo through either the mating of diverse parts or                                                                                           
                    through the casting of a single piece would have been obvious at                                                                                      
                    the time the invention was made, because it has been held to be                                                                                       
                    within the level of one of ordinary skill in the art to make                                                                                          
                    integral that which has heretofore been made in separate parts.                                                                                       

                    Our reasons stated above for not sustaining the examiner's                                                                                            
                    rejection of claims 1, 6 through 12, 14, 15, 18, 28 and 29 under                                                                                      
                    35 U.S.C. § 103(a) as being unpatentable over Mockridge in view                                                                                       
                    of Take, Helmstetter and Drajan, apply equally well here, where                                                                                       
                    we consider that the examiner has again relied upon impermissible                                                                                     
                    hindsight derived from appellants' own teachings in seeking to                                                                                        
                    combine selected portions of the applied references to Take,                                                                                          
                    Helmstetter and Drajan, and/or broad concepts contained therein,                                                                                      
                    with the distinctly different golf club head arrangement shown in                                                                                     
                    Endo in an effort to arrive at appellants' claimed subject                                                                                            
                    matter.   We also again find the examiner's attempt to dispose of                                                                                     
                    appellants' claimed subject matter as being obvious because it                                                                                        
                    has been held to be within the level of one of ordinary skill in                                                                                      
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