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
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