Appeal 2006-3098
Application 10/762,413
1 hits with a rack, which has a rod aligned horizontally and parallel to the
2 desired hitting direction. The rod is fastened to a rack at a distance to the
3 rack, such that the golf club may be swung through underneath the rod. The
4 training apparatus is also suited for the short game, i.e., for shorter
5 approaching hits (id.).
6 The only claim under appeal reads as follows:
7 11. A golf training apparatus for practicing straight hits,
8 comprising:
9 an upright rack made of a rigid material; and
10 a rod provided on said upright rack and aligned substantially horizontally
11 and parallel to a desired hitting direction, said rod being arranged at a
12 distance to said upright rack such that a golf club is swingable through
13 underneath said rod, and while said rack being rigid said rod being inflatable
14 such that touching said inflatable rod by a golfer is harmless and not
15 accompanied by a risk of injuries.
16
17 The Examiner rejected claim 11 under 35 U.S.C. § 103(a) (2004).
18 The prior art relied upon by the Examiner in rejecting the claims on
19 appeal is:
20 Elson 3,768,501 Oct. 30, 1973
21
22 Appellant contends that the claimed subject matter would not have
23 been obvious. More specifically, Appellant contends that Elson deals with a
24 valve for inflating balloons, and is therefore non-analogous art. It is argued
25 (Br. 5) that Elson is not from the same field of endeavor as the golf training
26 apparatus of the present invention and that Elson is directed to an improved
27 inflation mechanism, which is not reasonably pertinent to the particular
28 problem with which the inventor of the present invention is involved. The
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