Appeal 2007-2848 Application 10/765,106 This court’s predecessor has held that, without a terminal disclaimer, the species claims preclude issuance of the generic application.”). Claim 1 of the U.S. Patent No. 6,723,001 ('001) is directed to a golf club with an oval handle, but further requires: said handle being further defined by said cross-sectional, length dimension of said oval, cross-sectional shape being at least 1.5 times greater than the largest width dimension between said side surfaces of said handle. Claims 4 and 5 of the '001 patent further require a putter-type golf club having alignment indicia; claim 5 particularly covers (“first alignment line bisecting said oval shaped handle between said first rounded forward edge and said second rounded rearward edge in a direction perpendicular to said ball striking face and a second alignment line, perpendicular to said first alignment line”) an alignment indicia having four angles. Instant claim 1 of the pending application recites that said upper edge of said handle including alignment indicia thereon, defined by at least a first alignment line in the direction perpendicular to the first plane of said ball striking face and a second alignment line on said upper edge of said handle, said second alignment line being perpendicular to said first alignment line, parallel to said first plane of said ball striking face; and wherein said first alignment line and said second alignment line intersect to form four angles. Thus, claims 4 and 5 of the ‘001 patent meet the limitations of instant claim 1 of an indicia forming four angles. Appellant does not identify any other defect in the rejection, and as we find none, the obviousness-type double patenting rejection of claim 1 is affirmed. Claims 2-15 fall with 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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