Ex Parte Burger - Page 7


          Appeal No. 2004-1228                                                        
          Application No. 09/813,088                                                  



          and eight foot lengths having a repetitive series of eight or               
          sixteen shingles thereon.”  Unlike the situation in Barker, the             
          present specification describes a hockey stick in which the blade           
          must be attached to the shaft in one of only two possible ways -            
          i.e., either removably or permanently.                                      
               For these reasons, we cannot affirm the examiner’s rejection           
          on this ground.                                                             


          II. 35 U.S.C. § 103(a): Claims 1, 18-25, 30, 31, 40, 41, 43, & 44           
                                over Rodgors & Kline                                  
               We agree with the examiner’s reasoning (answer, pages 5-6;             
          Nov. 6, 2001 Office action, page 3) that the prior art teachings            
          would have led one of ordinary skill in the art to combine                  
          Rodgors and Kline.  Rodgors describes a hockey stick shaft in the           
          form of an elongated tubular member formed as a plurality of                
          discrete layers of bondable material (i.e., a composite layup),             
          such as layers made of unidirectional carbon fiber rovings. 2               
          (Column 2, lines 18-22; column 3, line 36 to column 4, line 62;             
          Examples 1 and 2; Tables 1-3.)                                              
               Kline teaches a protective coating 17 (e.g., “smooth hard              


               2  The disclosure in Rodgors of multiple layers of carbon              
          fibers would have at least suggested a plurality of sheets made             
          from graphite fibers as recited in appealed claim 2, which is               
          discussed in rejection III.  See Hawley’s Condensed Chemical                
          Dictionary 212, 551 (Van Nostrand Reinhold 13 th ed. 1997), copy            
          attached.                                                                   

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