Ex Parte Kusumoto et al - Page 14



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

                    Publication No. 5-96013, for consideration of the club head                                                                                           
                    structures therein vis-a-vis that defined in appellants' claim 1                                                                                      
                    on appeal.  The examiner should consider whether one of ordinary                                                                                      
                    skill in the art would understand the integral molding of the                                                                                         
                    hollow metal shell structures mentioned in these two references                                                                                       
                    to connote "casting" and, if not, to determine if forming such                                                                                        
                    hollow shell structures by casting would have been obvious to one                                                                                     
                    of ordinary skill in the art at the time of appellants'                                                                                               
                    invention.                                                                                                                                            

                    As a further point, we direct the examiner's attention to                                                                                             
                    the applied Drajan patent, with particular reference to a                                                                                             
                    properly construed claim 28 on appeal, which claim is readable on                                                                                     
                    the embodiment of appellants' invention seen in Figures 8-12 of                                                                                       
                    the application, and appears to be readable on the golf club head                                                                                     
                    seen in Figure 1 of Drajan.                                                                                                                           

                    Our final issue for the examiner to consider on REMAND is                                                                                             
                    whether a rejection of claims 28 and 29 should be entered under                                                                                       
                    35 U.S.C. § 112, second paragraph, as being indefinite.  In that                                                                                      
                    regard, we note that we find no proper antecedent basis in claim                                                                                      
                    28 for the reference in line 3 of the claim to "a top portion."                                                                                       
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