Appeal No. 2003-1272 Page 17
Application No. 10/039,338
Under the provisions of 37 CFR § 41.50(b), we enter the following new ground of
rejection.
Claims 26 to 34 stand rejected under 35 U.S.C. § 112, first paragraph, as
containing subject matter which was not described in the specification in such a way as
to reasonably convey to one skilled in the relevant art that the appellants, at the time the
application was filed, had possession of the claimed invention.
Claims 26 to 34 were added to this application via a preliminary amendment filed
October 29, 2001. The preliminary amendment does not enjoy status as part of the
original disclosure since the executed declaration does not reference the preliminary
amendment. See MPEP §608.04(b). We, therefore, view these claims as distinct from
the original disclosure and subject to a written description rejection.
Claim 26 is drawn to a removable golf shoe cleat comprising, inter alia, a flange,
attachment means and a plurality of protrusions that provide traction against the ground
without doing damage to the turf surface being walked on and without puncturing golf
turf. Claims 27 to 33 are drawn to a removable golf shoe cleat comprising, inter alia, a
flange, attachment means and a plurality of traction members that provide traction
against the turf wherein the cleat provides traction against the ground without doing
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