Appeal No. 2003-1272 Page 27
Application No. 10/039,338
synthetic materials" (column 2, lines 2-4), which will exhibit a wide range of resilience
and hardness properties. In this regard, it is critical to note that the hardness and
resilience properties of natural turf vary over a huge range, depending on the condition
of the soil, the condition of the plant, the time of year, amount of recent rainfall, etc.2
Against this background, Jordan's description of the bristle spikes as resulting in
indentation as opposed to penetration of the surface is, in my opinion, strong evidence
that, at least for some types of golf turf under certain conditions, the bristle spikes will
provide traction without damaging or puncturing the turf.
Moreover, there are many similarities between appellants' traction ribs and
Jordan's bristles. For example, Jordan discloses bristles extending a distance between
about 1/16 inch and 1/4 inch (claims 3 and 9), a substantial portion of which range falls
within the range of 1/32 inch and 1/8 inch disclosed by appellants on page 8 of their
specification. Further, Jordan discloses bristle diameters between 1/64 inch and 1/8
inch, a substantial portion of which range falls within the range of base widths (1/32 inch
2The recitations "without doing damage to the turf surface" and "without
puncturing the golf turf" are not so limiting, in my opinion, as to require that the cleats
avoid damage to and puncture of every conceivable type of golf turf under every
conceivable condition. In fact, appellants' cleats most certainly could not meet such a
stringent standard. A cleat meets these limitations if there is any golf turf which would
not be damaged or punctured when walked on by a person wearing a shoe having such
a cleat attached thereto.
Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: November 3, 2007