Appeal No. 2003-1272 Page 19
Application No. 10/039,338
matter of claims 26 to 34. We reach this conclusion based on the specific teachings of
the original application. On pages 2-3 of the specification, the appellants teach that:
During the winter months, some greens keepers of golf courses prohibit
the use of standard metal golf shoe spikes because of their detrimental effect on
the fairways and greens of the golf course. . . .
Many avid golfers continue golfing regularly through-out the winter
months, even though they cannot use spikes. Until the instant invention, the only
alternative for winter golfers who usually wear spikes has been to wear tennis
shoes which do not damage the golf course. Besides the problem of not
providing sufficient traction to the golfer, this tennis shoes approach requires an
additional investment by the golfer in a second pair of shoes.
. . .
What is needed is a replaceable cleat or spike for use in place of a
standard metal spike for a golf shoe which does not cause damage to the golf
course, especially in inclement or cold weather. Accordingly, one of the objects of
the instant invention is to provide a spike which satisfies this need.
The specification then provides (pp. 3-4) that:
This object, along with others, is accomplished by a replaceable cleat
formed of a thermoplastic or similar material. The cleat has a plurality of ribs on
the traction surface in place of standard pointed protuberances. The cleat is
formed generally in a unitary body having a threaded stud axially protruding from
the upper surface of a generally concavo-convex flange from the perspective of
sole 2. The ribs may be present in a variety of configurations, and may be formed
with an arcuate, triangular or rectangular cross section.
These teachings, taken with the parts of the specification quoted above in our
discussion of the indefiniteness rejection, make it clear to us that the original application
discloses only traction ribs/ridges and nothing broader. In order for a disclosure to be
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