Appeal No. 2006-0241
Application No. 10/208,870
Bradstreet and Molitor
Meckel discloses that some golf club manufacturers coat a
titanium golf club head with a three layer coating of primer,
pigmented coating and clear overcoat (col. 1, lines 36-39).
Meckel does not disclose that the golf club head can be
visible through the pigmented coating, and the examiner provides no
evidence or reasoning which shows that the applied prior art would
have fairly suggested, to one of ordinary skill in the art, a
pigmented coating which provides such visibility.
The examiner, therefore, has not established a prima facie
case of obviousness of the appellant’s claimed invention over
Meckel and the references applied therewith.
DECISION
The provisional rejection of claims 1-4 and 7 under the
judicially created doctrine of obviousness-type double patenting
over claim 1 of copending application no. 10/123,110 is affirmed.
The rejections under 35 U.S.C. § 103 of claims 1, 3-8 and 10-13
over Leon in view of Bradstreet and Molitor, claim 9 over Leon in
view of Bradstreet, Molitor and Baum, claims 1, 3-8 and 11-13 over
Meckel in view of Bradstreet and Molitor, and claim 9 over Meckel
in view of Bradstreet, Molitor and Baum, are reversed.
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