Ex Parte MIURA et al - Page 7




                 Appeal No. 2002-1488                                                                                                                 
                 Application No. 09/463,695                                                                                                           


                 Allen and Knapp, it is apparent that the examiner has engaged in an impermissible                                                    
                 hindsight reconstruction of the appellants’ invention by using claim 11 as a template to                                             
                 selectively pick and choose from among isolated disclosures in the prior art.                                                        
                          Moreover, even if the references were combined in the manner proposed by the                                                
                 examiner, it is not apparent that the resulting golf club head would meet the limitation                                             
                 of claim 11 requiring that the PCCP structure defines “a central axis oriented to                                                    
                 intersect a plane defined by a face portion of said golf club head.”  In the present case,                                           
                 appellants orient the central axis of the PCCP structure to intersect the plane defined                                              
                 by the plane of the face portion in order to lower the rigidity of the club head in the                                              
                 hitting direction (specification, page 7, lines 17-24).  However, consistent with Allen’s                                            
                 objective of reinforcing and stiffening the striking face of the club head and Knapp’s                                               
                 disclosure at column 2, lines 6-18, that PCCP geometry results in a cylindrical shell                                                
                 that is more rigid in its circumferential direction and much less rigid in its axial direction                                       
                 than a conventional cylindrical shell, it reasonably appears to us that if the ordinarily                                            
                 skilled artisan were to employ Knapp’s PCCP shell design in Allen as a substitute for                                                
                 the reinforcing and stiffening honeycomb network thereof, said artisan would orient the                                              
                 PCCP structure such that its central axis does not intersect the plane defined by the                                                
                 striking face of the club head in order to take full advantage of the larger                                                         
                 circumferential bending rigidity that Knapp’s PCCP design provides.                                                                  



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