Ex Parte Ferris - Page 10

                 Appeal 2007-2848                                                                                      
                 Application 10/765,106                                                                                
                 in order to improve accuracy by improving alignment and control of a                                  
                 ball striking face, and also describes a grip able to be used with a                                  
                 putter.  (Id.)  Takeuchi discloses alignment lines for grip positioning                               
                 on a shaft, placed on a flat or rear end surface of a grip and indicia                                
                 substantially filling up the entire length and width of a grip top flat                               
                 surface except the center (Fig. 5).  (Answer 7.)                                                      
                        The Examiner concludes in view of the disclosure of Radakovich that                            
                        it would have been obvious to modify the putter of Cacicedo to                                 
                        have a sighting device placed on a flat surface of a grip end …                                
                        in order to assist a golfer in improving accuracy by improving                                 
                        alignment and control of a face of a club.  In view of the patent                              
                        of Radakovich and Takeuchi it would have been obvious to                                       
                        modify the putter of Cacicedo to have the alignment lines being                                
                        indicia and taking up the entire length, width and center of a                                 
                        grip top flat surface and a first alignment line and second                                    
                        alignment line intersecting to form four angles and a cross in                                 
                        order to minimize the number of parts needed for a grip by                                     
                        having indicia and in order to be more visually visible for a                                  
                        golfer by using the entire surface for the alignment indicia. As                               
                        such for an oval shaped grip a first alignment line will be longer                             
                        than a second alignment line.                                                                  
                 (Answer 7.)                                                                                           
                        In order to determine whether a prima facie case of obviousness has                            
                 been established, we consider the factors set forth in Graham v. John Deere                           
                 Co., 383 U.S. 1, 17 (1996); (1) the scope and content of the prior art; (2) the                       
                 differences between the prior art and the claims at issue; (3) the level of                           
                 ordinary skill in the relevant art; and (4) objective evidence of                                     
                 nonobviousness, if present.  We additionally recognize that “[t]he Patent and                         
                 Trademark Office (PTO) must consider all claim limitations when                                       
                 determining patentability of an invention over the prior art,” and “may not                           

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