Ex Parte Horwood et al - Page 7



          Appeal No. 2005-2393                                                         
          Application No. 10/228,392                                                   
               To remedy these deficiencies, the examiner relies on the                
          disclosures of Whitaker, Bayliss, Murtland and Pompa.  We find               
          that Whitaker illustrates a set of golf clubs having shafts which            
          are progressively increased in length.  See Figure 2 and column              
          3, lines 29-45.  We find that Whitaker teaches (column 1, lines              
          24-30):                                                                      
               It is known in the golfing art to provide an array of                   
               clubs for engaging in the game of golf.  The clubs are                  
               sequentially configured to provide differing ball striking              
               range potentials varying from longest distance to shortest              
               distance due to differences therebetween in shaft length and            
               club head face angle or “loft”.                                         
          It is also known that the ball striking distance range potential             
          increases as the shaft increases in length.  See also Whitaker,              
          column 1, lines 30-42.  We find that Whitaker teaches (column 1,             
          lines 60-67) that:                                                           
               The effect of shaft flexibilities on golf shots is well                 
               known.  A more flexible shaft...will provide a greater ball             
               striking range potential than a more stiff shaft...when the             
               same swing or striking force is applied.  However, it is                
               also known that a more flexible shaft will impart a                     
               potential for poorer accuracy on a given golf shot when                 
               compared to a similar shot made with a club having a stiffer            
               shaft.                                                                  
          The appellants also acknowledges at page 1 of the specification              
          that metal shafts are known to have characteristics, such as high            
          torsional stiffness, which yield accurate ball control and good              
          feel, but pooler distance, and that composite shafts are known to            

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