Appeal 2007-2848
Application 10/765,106
"Takeuchi also fails to teach a cross or intersecting lines" in their sighting
device. (Br. 10.) Appellant argues that upon reviewing Radakovich’s Fig. 5
and the entire specification and drawings of Takeuchi, he can find no
teaching of intersecting lines, nor intersecting lines forming four angles as
claimed. (Br. 10.)
Takeuchi describes a fitting angle1 adjustment mark for the end
surface of a grip in the same position which is recited in claims 1, 4, 5,
6, 9, 10, 11, 14 and 15. Takeuchi Fig. 3 is reproduced below.
Fig. 3 shows the mark has radially extending grooves in the rear
end surface of the grip which act as reference graduations. (Takeuchi,
col. 2, ll. 49-53; col. 4, ll. 17-33.) The graduations include "great
graduations at 45 degree intervals progressively from the reference
graduation [5a]." (Takeuchi, col. 2, ll. 30-62; col. 4, ll. 17-25.)
Because the great graduations are at 45 degree angles, the grooves
making the graduations form four angle quadrants. While the grooves
in Fig. 3 do not intersect in a cross, they do form four quadrants and
performed the same function as the claimed indicia. There is no
functional difference between the arrangement taught by Takeuchi
and that recited in claim 1 other than a printed design feature (i.e.,
1 A fitting angle is from the back line of the grip to the club face and must
exactly match the angles desired by a golfer. Takeuchi, col. 1, ll. 30-32.
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