Ex Parte Deacon et al - Page 34




               Appeal No. 2003-1272                                                                    Page 34                  
               Application No. 10/039,338                                                                                       



                      in a variety of configurations, and may be formed with an arcuate, triangular or                          
                      rectangular cross section. (Emphasis added).                                                              
               On page 5 of the specification, appellants state that "the cleat maintains its resiliency for                    
               "traction."  (Emphasis added).  On page 6 of the specification, appellants explain that                          
               "[a] plurality of traction ribs 15 are formed on the bottom traction surface of generally                        
               concavo-convex flange 12."  (Emphasis added).  On this same page of the specification,                           
               appellants state that "[p]referably, ribs 15 are triangular, but with rounded edges to                           
               provide the best compromise between traction and damage to the turf." (Emphasis                                  
               added).  The Abstract of the disclosure states that "traction ribs 15 are formed on the                          
               bottom traction surface of concavo-convex flange 12."  (Emphasis added).                                         


                      In short, the quoted excerpts from appellants' specification provide more than                            
               ample written description for "protrusions," "traction members" and "traction elements"                          
               on a golf spike that do not damage or puncture golf turf.  Stated differently, the                               
               disclosed traction ribs 15 are "protrusions" from the flange, and they function as either                        
               "traction members" or "traction elements."                                                                       


                      The majority's and Judge Bahr's concern over what other shapes besides                                    
               ribs/ridges will perform the same function of the traction ribs is not our concern in an ex                      
               parte examination of appellants' disclosed and claimed invention for written description                         








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