Ex Parte DeLisle et al - Page 6

                Appeal 2006-2550                                                                              
                Application 10/750,710                                                                        


                                           FINDINGS OF FACT                                                   
                FF1. Appellants do not dispute that, if Hodges is modified as proposed by                     
                the Examiner in view of Clausing, the subject matter of claim 1 will result.                  
                FF2. Appellants do not dispute that, if Hodges is modified as proposed by                     
                the Examiner in view of Dawson, the subject matter of claim 43 will result.                   
                FF3. Hodges discloses a golf tee comprising a shank 10 and a saucer                           
                shaped head 11.  The head 11 has a concave upper face 12 terminating at a                     
                peripheral ring 13.                                                                           
                FF4. Hodges (Hodges 1:100-108) teaches that:                                                  
                             In order that the ball may be more securely seated                               
                             in the saucer shaped head of the tee, the edges of                               
                             the head may be notched or recessed as indicated                                 
                             at 14 causing spaced sections 15 in the edge of the                              
                             rim to engage with the surface of the ball, these                                
                             edge portions fitting into the dimples or the                                    
                             recesses in the surface of the ball.                                             

                FF5. Clausing discloses a golf tee having a body member 6 provided on its                     
                upper end with a plurality of supporting edges for properly positioning and                   
                supporting a golf ball while offering a minimum of resistance to the flight of                
                the ball at the moment of departure from the tee (Clausing 1:44-50).  The                     
                supporting edges are formed as quarter pyramids 7, with V-shaped cutaway                      
                areas 10 between the quarter pyramids 7 so as to minimize resistance to the                   
                flight of the ball, as there is no continuous rim to impede the flight of the                 
                ball (Clausing 1:50-65).                                                                      
                FF6. The Examiner contends that it would have been obvious to one of                          
                ordinary skill in the art “to form the golf tee of Hodges with a radius of                    


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