Ex Parte HUEBER - Page 3




              Appeal No. 2004-0099                                                                  Page 3                
              Application No. 09/388,663                                                                                  


              reasoning in support of the rejection, and to the Brief (Paper No. 20) and Reply Brief                      
              (Paper No. 22) for the appellant's arguments thereagainst.                                                  
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellant's specification and claims, to the applied prior art references, and to the                   
              respective positions articulated by the appellant and the examiner.  As a consequence                       
              of our review, we make the determinations which follow.                                                     
                     The appellant’s invention is directed to golf clubs of the type known as “metal                      
              woods,” that is, clubs that have the shape of conventional woods but are made of                            
              metal.  The object of the invention is to provide individual golf clubs, or sets of golf                    
              clubs, equivalent to the standard 2, 3, 4, 5 and 6 irons with regard to distance of travel,                 
              but which incorporate the desirable features of a metal wood on a short shafted club.                       
              According to the appellant, the shorter shaft provides for increased control and                            
              consistency of shots, the greater club head mass and weight provide for easier                              
              penetration of the club head through grass or sand than a club of the same weight that                      
              is of the conventional length, and the combination of the features recited in the                           
              invention provides a set of clubs with the same swing weight as the equivalent standard                     
              irons while having the aforesaid advantages over the standard irons.  See specification,                    
              pages 1-5.                                                                                                  









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