Ex Parte Yang - Page 3




               Appeal No. 2004-1520                                                                        Page 3                
               Application No. 09/957,058                                                                                        


                      As evidence of unpatentability, the Examiner relies upon the following prior                               
               art references:                                                                                                   
               Howard                                2,582,435                     Jan. 15, 1952                                 
               Berfield et al. (Berfield)            4,799,699                     Jan. 24, 1989                                 
               Yang                                  5,924,709                     July 20, 1999                                 
                      Claims 1-4 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                              
               Yang in view of Berfield.  Howard is added to reject claims 5-6.                                                  
                      We affirm.  In so doing, we adopt the well articulated findings of fact and                                
               conclusions of law advanced by the Examiner in the Answer.  We add the following for                              
               emphasis.                                                                                                         


                                                      OPINION                                                                    
                      In conformance with the grouping of the claims by Appellant, we consider the                               
               issues as they apply to claims 1, 5, and 6.  37 CFR § 1.192(c)(7)(2003).  With regard to                          
               these claims, Appellant has not convinced us of any reversible error on the part of the                           
               Examiner.                                                                                                         
                      Because many of the issues are the same for both rejections, we will start with a                          
               general discussion applicable to both rejections.  First, we note that the quality of the                         
               Examiner’s findings of fact are of the highest variety (Answer, pp. 4-5 and 7).  They are                         
               soundly supported by the Examiner’s citations to the references (Id.).  We agree with the                         
               Examiner that Yang describes a golf bag having all the required structure of the golf bag                         







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