Ex Parte Sherwood - Page 4

         Appeal Number: 2006-1938                                                   
         Application Number: 10/823,886                                             

              Kawamatsu discloses a set of clubs wherein the cross-                 
         sectional angles of the corner portions of the face grooves                
         progressively decrease beginning with the long irons and                   
         progressing to the short irons.  Consequently, the irons with              
         low club numbers impart a lesser amount of backspin and the                
         backspin is increased gradually for irons with higher club                 
         numbers.  See Col. 4, lines 14-24; Col.4, lines 31-45.  Note               
         that in tables 2 and 3 actual values for backspin, carry and run           
         are given for selected clubs with iron numbers 3, 6 and 9.                 
         Tables 2 and 3 show that the club face designs of Kawamatsu do             
         result in lesser backspin for low club number irons and greater            
         backspin for high club number irons as compared to conventional            
         golf clubs of the same club number.  This is as Kawamatsu                  
         desires—increased backspin for the higher numbered clubs.                  
                                 Principals of Law                                  
              A claimed invention is unpatentable if the differences                
         between it and the prior art are such that the subject matter as           
         a whole would have been obvious at the time the invention was              
         made to a person having ordinary skill in the pertinent art.  In           
         re Kahn, 441 F3d. 977, 985, 78 USPQ2d 1329, 1334-35 (Fed. Cir.             
         2006)(citing 35 U.S.C. §103(a) (2000)); Graham v. John Deere               
         Co., 383 U.S. 1, 13-14, 148 USPQ 459, 467 (1966).  The ultimate            
         determination of whether an invention would have been obvious is           

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