Appeal 2006-2155
Application 10/747,179
Claim 15
Claim 15 requires a tee having a first recess shaped generally in
conformance with a shape of a tip of an American football, a second recess
connected to and forward of the first recess, and a stationary body removably
received within the second recess.
The Appellant argues that McKee does not disclose a second recess
connected to and forward of the first recess (Br. 20-21). McKee’s first and second
recesses are, respectively, indentation 230 in tee 220, and cavity 211 which
receives the tee and extends forward of the tee (figs. 12A and 13C). The recesses
are connected by way of the tee removably received within the cavity (fig. 13C).
Claim 16
Claim 16 requires that the body comprises a further recess shaped partially
in conformance with a shape of a tip of an American football, the further recess
and the first recess combining to substantially circumferentially enclose the
football tip.
The Appellant argues that there is no teaching or suggestion that McKee’s
recess 230 is shaped generally in conformance with the shape of a tip of an
American football (Br. 20-21). McKee’s disclosure and illustration that a tip of a
football is placed in indentation 230 (col. 11, ll. 50-51; fig. 13C) indicates that the
indentation is shaped generally in conformance with the shape of a football’s tip.
Thus, each portion of recess 230 is a recess that is shaped partially in conformance
with the shape of a football’s tip.
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