Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 1 of 39 PageID:
Conclusion
C.
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I.
Introduction
MCNULTY,
NIKE,
ANTHONY
IRREVOCABLE
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5 5 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 2 of 39 PageID:
Introduction
This Opinion contains the Court’s construction of key patent terms following a Markman hearing. This patent infringement case arises from a dispute over the proprietary design of golf club heads. The plaintiff is a trust representing the interests of Anthony Antonious, now deceased, who was “a prolific inventor of golf equipment.” Plaintiff (the “Trust”)’ owns U.S. Patent No. 5,735,754 for an Aerodynamic Wood Golf Club Head (the “ ‘754 patent”). (A copy of the ‘754 patent, with Reexamination Certificate, is annexed to this opinion.) See Plaintiff’s Opening Markman Brief under Loc. Pat. R. 4.5(a), November 5, 2012, ECF No. 37 (“P1. Opening Br.”) at 1.
The Trust alleges that the defendant, Nike, Inc., has infringed the ‘754 patent by “making, using, importing, advertising, offering for sale, and selling products infringing Plaintiff’s ‘754 patent including, without limitation, various drivers, hybrids and fairways woods sold under the name SQ DYMO, and other Defendant’s golf clubs, principally during the 2008 to 2011 period.” Complaint, filed October 27, 2011, ECF No. 1 (“Compl.”) ¶ 13. Nike responds that the claims of the ‘754 patent are not nearly as broad as the Trust seems to think. Nike further submits that, during a reexamination of the ‘754 patent, the Trust disclaimed critical elements upon which it now bases its claims of infringement. See Defendant Nike Inc.’s Opening Claim Construction Brief for Claims 1 and 9 of U.S. Patent No. 5,735,754, November 7, 2012, ECF No. 39 (“Def. Opening Br.”) at 1.
Patent construction must of course precede any analysis of patent infringement. Therefore, on April 29, 2013, I convened a Markman hearing to determine the meaning of various claims contained in the ‘754 patent. See Markman v. Westview Instruments, Inc., 52 F.3d 967, 976—79 (Fed. Cir. 1995) (en banc), affd, 517 U.S. 370, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996). I have carefully considered all of the parties’ written submissions and arguments. In this Opinion I set forth my construction of the patent claims in dispute.
I. Factual Background and Procedural History
The Trust claims that Mr. Antonious’s invention “relates to improvements in the aerodynamic configuration of the base or bottom surface of a club head, which allow greater speed and accuracy of golf swings, for a given application of force by a golfer, by minimizing undesirable effects of air resistance.” P1. Opening Br. at 1.
1 The inventor listed on the patent at issue was Mr. Antonious. For simplicity, this opinion may use “the Trust” to refer to the plaintiff/inventor. 2 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 3 of 39 PageID:
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of I Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 10 of 39 PageID:
C. The Specification and the Disputed Claims of the ‘754 Patent
There are two claims at issue: Claim 1 (amended) and Claim 9 (a new claim), as reflected in the Reexamination Certificate issued in January 2010. Claims 1 and 9 (like all of the patent’s claims) relate to the following specification:
An aerodynamic golf club head including a club head body having a heel, toe, rear surface, ball striking face, upper surface and bottom surface.
Claim 1, as amended at the time of reexamination, describes the following “improvement”:
An aerodynamic configuration on, and substantially parallel with, said bottom surface adjacent said rear surface in the form of a c-shaped slot having an open end facing forwardly toward said ball striking face; said aerodynamic configuration further including a skid surface formed on and raised from said bottom surface; said skid surface having a wall separating said skid surface from said bottom surface, said c-shaped slot transecting a virtual centerline passing through said ball striking surface and said rear surface of said club head.
Reexamination Certificate, p. 2, lines 16—30. (Disputed terms are in bold. Amendments at the time of reexamination are in italics. Note that some phrases are both.)
Claim 9, added as a new claim in the reexamination, describes the following “improvement”: An aerodynamic configuration within, and substantially parallel to, said bottom surface adjacent said rear surface, in the form of a c-shaped slot having an open end facing forwardly toward said ball striking face, said slot offset from, and a portion thereof passing through, a virtual centerline passing transversely through a heel-to-toe axis of said club head. Id., lines 41-51. (Disputed terms are in bold. All of Claim 9 was added in the reexamination.)
10
5.
surface
surface 4.
3.
2. 1.
Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 11 of 39 PageID:
Offset
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C-shaped Substantially
meaning.”’
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formed
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surface characterized
into
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slot
bottom The
slot Defendant’s
spacer
separate
surface
the
described
perimeter
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bottom
sidewalls,
therefore
and
flat
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across
relative as
primarily
other,
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sole/bottom
wall,
surface
slot.
on
surface
and
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and
where
plane
head side
wall
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to
essentially
of
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and
and
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to
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separated
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designed
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surface,
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bottom
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bottom of
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from
extend
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profile,
skid
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head
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wall
to
the
club
not to
Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 12 of 39 PageID:
terms
surface
shaped virtual
head.”
rotated
c-slot
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7
forward parallel
at “aerodynamic
The
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Nike,
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art intended
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particularly
Hogan
particularly
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importance
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examination
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submits,
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in
the
two
issued.”
passes
meaning.
to
‘754
and
parallel of
for
reproduces
within
for
aerodynamic
reexamination
in
that
in
head,
their
moreover,
striking
the
and
requires
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and
toe
these
the
the
both
example,
boils surface,” would
“Illustrations”
the
patent:
to
a
relative
or
PTO.
claimed
transversely
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which
Hogan
(2)
claimed
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bottom
with
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because
or
claim,
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down
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overbroad, dual
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to
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surfaces
art]
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extend
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bottom Id.
alleged
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as
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of explanation.
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limitations
through
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of
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such
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being
the
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PHOSITA
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patent
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parts
but
claimed
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to
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says that
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Nike,
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shape
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was
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patent.
also
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them.
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configuration,”
9
Trust’s
that
claims
of
heel-to-toe
is
first, Nike,
the
ends
to
aware
so
sidewalls.
and
in
to invention
the
considering
the
which of
confined
Nike
see
of
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of
knowledge
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PTO
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the
on
improve
such “other
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see
on
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construed.”
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field
they
of
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about
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at
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at
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Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 13 of 39 PageID:
jury
court.
settle
cannot
parallelism
argument phrase unattainable
“flexibility”
the which
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patent’s
side
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suggests.
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curved.
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it
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.
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right, of
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on
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ways.
of
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of
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might
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itself
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and
the
planes
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with”
surface”
the
a
where
the
Trust’s
is
the
“provides
Markman
and
club
generally
According
I
interpretation
whether,
be
relationship
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proposed
if
the
cannot
well-settled the
precision.
disagree.
relies
include
phrase
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surfaces
and,
construction
the
the
on
are
limited
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it
the
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head.
will
bottom parallel
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proposed
that
therefore
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parallel”
bottom
the
substantially
heavily
parallelism
bottom
as
flexibility
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address
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hearing
a
in
patent
substantially
is
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bifurcation
to
to
such,
.
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meaning
wide
construed
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substantially
between
is
. surface
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rule
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club
which
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.
of
13
construction
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on
presents
surface
right,
of
might
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context
covers
variety
at
interrelated
disputed
is
for
is
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to
these
the
P1.
heads
channel”).
between
for 10
Statement
parallel.
the
clearly
of
of
example,
flat
might
then
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term
imply
of
of
claim
in and
with
of
the
only
the
claim
“substantially
of
an of
manner
parallel
wherein
the
surfaces,
issues
the
the
parallel
a
this
claims.
the
c-shaped
“substantially”
court
issue “c-shaped
curved
club
Def.
supportive
Markman
club
that
aspects
construction
otherwise
adverb
c-slot
club
terms,
the
Ex.
Br.
‘754
patent,
between
in
Opening
of
it
certainly
heads
head
and
the
to
Trust
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as
Indeed,
head,
at
which surfaces,”
cannot
is
fact
patent
the
slots.
together.
“substantially,” I
In
bottom
Nike
10.
curved,
the
slot”
must
hearing;
“substantially
parallel,”
are
of
where
other
for
require
argues
flat
which
judge
The
parties Br.
the
to
is
argues,
Plaintiff’s
the See
may
extend
the
includes both
address
plane
for
impute
surface
words,
at
and
as
entire
Trust
the
need
Joint
jury.
it
that
and may
also
the
the
flat
12—
the
an
to
is
or
c
of
is to
Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 14 of 39 PageID:
what
fact
“relatively,”
court Envirochem,
avoid “substantially,”
usually
omitted), particularly
claims, Kabushiki
descriptive 6
F.3d
small,”
judge.”
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1310—11
phrase
degree parallel.” term
primarily
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allocated no
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ubiquitously
Corp.
1551
Trust
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numerical
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numerical
of
policy
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limited
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phrase
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“close
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of
of
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skill
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264
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approximation,
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2003)
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descriptive
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means
read
234
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to
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in construction
from
to
“substantially
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terms
notion
parallel’
and
boundary
the
read
boundary
claims
reserving
matter
a
construction
565
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(noting
these
the
Circuit
F.3d
1988)
numerical used
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numerical
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1358,
1996)
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264
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“substantially”
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judge
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558
terms Inc.
at
that
contain
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a
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F.3d
upheld
abrogated
1367
has
term
part
to
to
Corp
11.
of
to
the
such
v.
(Fed.
patent
“substantially
or
the
or
precision describe
words
in
parallel
such
“relatively”
range
Rockwood
explained:
the
that
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stand
the
of
(Fed.Cir.2001)).
1358,
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of
“Substantially,”
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by
as
claim
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14
for
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2000) 603
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into
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as
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subject
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concept. fairness
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deviation
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“approach
distinguish
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2001)
of
847
other
such
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approximate”
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in
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term
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of
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Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 15 of 39 PageID:
Anchor,
without head the
preclude permissible
“parallel” mean, many configuration the
“being limitation being
to 7 of
accused said some
approximation.”
include
claim
rear
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largely
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340
the
golf device.
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course,
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terms
term
means.
flat.
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Merriam-Webster
on
and
curved,
plane
not exact
the degree
while
plane such
F.3d
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club
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never
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parallelism”
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of of Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 16 of 39 PageID:
P1. Opening Br. 10—11. The Trust points to several of the ‘754 patent’s drawings, which represent various embodiments of the Patent. Those drawings have shading or contour lines which, according to the Trust, depict c-slots “whose bottom is not flat.” Id. at 13; ‘754 patent, Figures 1, 2, 6, 9, 10. The Trust also relies on statements made during the Patent’s re examination by John P. Gillig (“Gillig”), a professional golfer and club designer who was “retained by [the] Trust as a consultant for the purpose of assisting in the licensing of the many patents of Antonious which were still unexpired at the time of his passing.” See Declaration of John P. Gillig under 37 CFR 1.1328 in Support of Re-Examination Respondent / Patentee, April 20, 2009, Ex. B to P1. Opening Br., ECF No. 38 (“Gillig Deci.”) ¶ 5. Gillig discusses the shape and positioning of the c-slot in the Antonious club in relation to the “Air Bear 1 driver golf club.” The Air Bear, manufactured by the Nicklaus Golf Company and designed by Thomas Stites, a Nike employee, is considered prior art of record for the ‘754 patent. See id. ¶ 7. Gillig explains: The concept of the Air Bear was to reduce so-called airflow separation (AFS) distance because the greater the AFS, the greater the resultant drag force at the toe of the club. . . . [t]he heel-to-toe aerodynamic channel of the Air Bear was formed within the sidewalls of the club which . . . possessed a very small bottom or bottom surface plate. Further, the curvature of the aerodynamic channel of the Air Bear was not parallel to either the bottom surface plate or the crown of the club. . . . [T]he heel end of the Air Bear channel tails upward, away from the face plate and toward the hosel, while the toe end of the Air Bear channel is larger and tails downward toward the face plate. As such, the channel of the Air Bear is not substantially parallel to either the bottom surface plate or the crown of the club. In distinction, the structure of all embodiments of the club taught in the Antonious ‘754 patent was very different. . . . Antonious sought to reduce aerodynamic drag by providing a smoother, so-called laminar type of front-to-rear airflow around the club head to enable a golfer to hit the ball longer and straighter. Antonious also sought to increase aerodynamic stability of the club head to provide increased control of club head position to the golfer during club swing and to provide more consistent ball strikes and therefore launches. Antonious sought to achieve the above by providing a c-shaped aerodynamic slot adjacent to the rear surface of the club and upon the bottom
8 “When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section.” 37 C.F.R § 1.132.
16 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 17 of 39 PageID:
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at Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 19 of 39 PageID:
Id. at 15 (citing Maurer Deci. Ex. 4, Nike 00006692—93 (PP. 6-11 of the “Remarks/Arguments,” submitted by the Trust in connection with reexamination).
In addition, Nike relies on a number of statements made during reexamination (including those made by Gillig, discussed above). In those statements, experts refer to the aerodynamic slot as occupying a plane that is substantially parallel to the sole or bottom surface of the club head and attempt to distinguish the ‘754 patent from the Air Bear on that basis. See id. at 15—16.
Third, Nike submits that the Trust, by stipulating during reexamination that the “c-shaped slot does not extend into the sidewalls of the club head,” has “surrendered any interpretation of its claims that would allow the c-shaped slot to be anything but a flat surface that is ‘substantially parallel’ to a flat bottom surface. . . .“ Id. at 17 (citing Gillig at ¶J 11, 19, 24). 3. The Court’s construction
The parties’ positions on the construction of substantially parallel and c shaped slot represent two extremes. The Trust’s construction imposes very little in the way of limitation; Nike’s construction requires that both the bottom surface of the club head and the c-slot have a flat surface, that those flat surfaces be parallel to each other, and that it necessarily follows that the c-slot cannot extend into the club’s sidewalls. I find that the proper construction lies in the middle, perhaps tending toward that of Nike. In so finding, I consider the declaratory statements made during the reexamination process as being part of the intrinsic patent record that is relevant to the construction of revised Claim 1 and newly added Claim 9.
As the Federal Circuit has said, “generally parallel’ envisions some amount of deviation from exactly parallel.” Anchor Wall Sys., 340 F. 3d at 1311. I accept that general principle, and I find the same to be true of “substantially parallel.” But does “substantially parallel,” or just “parallel,” for that matter, presuppose two surfaces that are fiat? Start simple. Two-dimensional lines may, of course, be parallel. / I That reasoning is easily extended to two fiat surfaces that are everywhere equidistant. Take, for example, Figure 5. That Figure shows a cross section wherein the bottom surface of the club head and the bottom surface of the c slot are both visibly flat. And those two flat surfaces (each extended as a plane) seem to be substantially parallel, i.e., substantially equidistant from each other at every point. The parallelism concept, says Nike, can go no further.
19 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 20 of 39 PageID:
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it Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 22 of 39 PageID:
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This assumption construction, with And Bear,
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to Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 26 of 39 PageID:
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26
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distinguish further
laterally
face.
is
does invalidation.
of
offset
distance
precisely
from
Air channel
patent.
statements
of
the
Bear
construction, rotational
bilaterally either
the
was
is,
dictionary
displacement
his
Bear subjectively the
ends any
not
definition
minds
interpretation,
from
would the
it Air
limitation
however,
prior
of not
Declaration.
in
offset
necessarily club
from,
offset,
channel appears
symmetric
a was
of
club
adding
Bear
the
thickness
the
of
offset
lateral
the
or
art satisfy
symmetric
that
face.
the
not definition
the
with
centerline.”
prior not
face.
of
whether
channel
lateral,
on
Air
the
“was
in
drafters
plane had Claim
in offset, would
offset
to
were
patent
That imply
about
both or
this
the the
art. But
Bear Air But any
that i.e.,
be
not
a a
of Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 30 of 39 PageID:
manner,
not concluding
not “offset.”
ordinary
displacement adopt disposed
patent
offset,
suffice
For
plane the
(Claims This parallel substantially the
characterized the (Claims
formed outwardly (Claim
bottom
ground
the surface (Claim
of c-shaped
as
from
(Claim
Under
meaning
at
its whether
follows.
the
side Trust’s
sidewalls,
though
skid
as
a term
to
the
width,
defined
displacement
from foregoing
he
9)
surface
when
to
1)
on
walls
means 1)
1
displace
surface,
1
the
virtual
slot.
Offset
did
each
may and
Skid
should
construction,
from and Wall
and
correct,
lateral
is
the
flat canons
by the or
of
by were
separate
by
9)
a
legitimately from
other,
the
skirt. raised surface centerline
a
reasons, virtual
9)
separating
where
club
the
the
bottom
the
spacer
control. c-shaped
the
Substantially
incomplete;
golf
was
or from
C-shaped
means
c-shaped
of
spacer
head
ordinary
bottom
and
from
the
and
club rotational. centerline
means construction
underdetermined.
which wall
CONCLUSION
I
the
surface!
of
construct
the
spacer
is
profile,
existing distinct encompass
said
head.
the
the wall,
virtual
swung.
separating
surface/sole,
c-shaped
slot
his slot
is
and
a
parallel
club
bottom
sole
skid
and
wall, that
described
surface
statement
in
30
To
and
means
from
or centerline
the
customary
head.
the
set
designed
of
disposed
“offset
along
surface
be
either
disputed the
slot
with/to
the
the surface
sole/bottom
the
forth
of
But
sure, an
plane
in
perimeter does
separated that bottom
a
club
from”
the
of
a
substantial
Claim
from to
aerodynamic
that, at
above,
meaning
the lateral
means
terms
so
the
not
skim
Gillig’s
a
golf
defined
are
displacement means
club
as
surface
in
Air
said
surface,
extend
9.
walls
essentially
club
that
of across
to or
from
my
that
Accordingly,
head.” Bear
the
of
reasons
portion by
extend
a
bottom
“existing
view,
of
plain
head
from
rotational
the
into
‘754
slot
the
the
not
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slot
the
word
does
was
and
for
or
I Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 31 of 39 PageID:
Dated: January 8, 2014
I / Kevin McNulty ) United States District Judge
31 Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 32 of 39 PageID:
Antonious
United
[21] [54) [58] [51] L76] [56] [52] [22]
D. D.
I16k\
350,116 363,749
AppL FiIed Inventor AERODYNAMIC CLUB U.S.
Field
124
CL
of
No.:
READ
U.S.
1011995
Search
States _._.__..._..
811994
132
759,924 Dec. Anthony Fad,
PAThNT
D21/216,
References
4,
Antonloes
Kcami _._.._..——
Sarasota.
[996
MFAL ____
1.
DOCUMENFS
328,
Patent
217,
Antonlous,
126-”
Cited
PIn.
324,
218,
WOOD
34238
228, 219,
473/328;
7738
D21/214. GOLF
286, 220;
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473/327,
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215,
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skid
D.
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2,550,846 2,041,676
5,271,622 3,841,639 \l32 5,524,890 5,456,469 5,314,185
5,467,988
364,204
surface.
Fnamlne,’-.-Sebasdano
a
Agent,
wood
Patent
Date
toward
rear
configuration
8 1111995
1011995 1011974 12/1993
11/1995
5/1994 5/1951 511936
6f1996
surface
or type
ClaIms,
of the US005735754A
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ball
Patent:
golf
ABSTRACT
Un
Milhigna Gallagher Rogeason Werner Gonnan Heawood MacDoagali Kim
and
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particular
improved
the hitting sole. clubs and determined a known or turn, tional club force drag
the aerodynamic 3,997,170 Pat. art SIndair
5,004.241,5,193,810, at ers. known edge aerodynamic
speed aerodynamic surface
ment Qow also for resulting more during c-shaped wood face The located and front edges sole creates Include bail. ground spacer club vided of
golf
The
Wood
Over
The aL onto
The first
examples In
aerodynamic
the
a the
of that Nos. sloped
creates
open as of
which causes around developed of
given of AERODYNAMIC permits head hole
present
shapes a ball consistent another
laws type of when shot
between present prior
well this
a club the BACKGROUND the weight wall golf golf
the and
a the reduces
5,203.565 adjacent reduces
surface the
a
to aerodynamic
putting
the
aerodynamic skid in
D275,412 end to
striking to raised by
SUMMARY
same to of
swing, applied
side type of a golf generally years, increased asmy bail metal club
club club shapes adverse head art which
the
Goldberg, of
obtain Increased
the club surface drag create the a invention further a
metal
of
physics.
preferred
structure
of given invention
golfer
these
wood by the
walls,
drag a club when the type the golf dub have
undesirable
head. club surface.
sole
the
club head head,
own where the longer wood head
and
face club
especially to
a
to also
swing
c-shaped
maximum wood
c-shaped
CLUB club
substantial
to
golfer direct golf
erratic rear head. of on type are shots. Murray
follows head, aerodynamic 5,221,086 Inemase type to head
plate club
aerodynamic
Includes
surface
U.S. the creates
head
In
of slot 4,065,133 1rpica1 between of
control relates
which Simmons, heads enabling provides
OF the
type
hit embodiment, the
most
also distance METAL head
OF represents hole
The
force.
surface a
the the of type
club
golf 1
A speed air head
Pat.
formed for
club HEAD longer THE on having
preferred
bottom movement
THE is
golf
slot golf
slot air at at used golf
the
club froma
present
club
turbulence a speed flow distance distance on have produces
to the
wood
a a
golf club
Nos. head
of
at, swung.
and air The smoother, impact,
the
head
particular In c-shaped the
an turbulence INVENTION faces at
and contours and
club golf
on (he to club WOOD
dub
INVENTION
“through
and stability 2,550,840 bottom head and the
The a
on adjacent
the turbulence, accordance surfaces,
sole
aerodynamic heads 5,511.786 club an been
sole
dub generated aerodynamic 4.828265,4,930,783, Gordos, tee
is the
and smooth
the are embodiment,
as bottom
a invention
forwardly club the heads
heads straighter
using In 5.467,989 moment
club the
swung Improvement
This club speed position. and
venturi
thereby
It and greater
rear bottom usually head
to adjacent occurs.
mctalwood
the
developed
aerodynamic
bottom by of laminar
surface Is GOLF
o(the golf
ball
heads
the
skim
the
which
head aerodynamIc head the are
swung. this 4,900,029 Include but upper die
direction providing to aerodynamic
rear
surface by
among for having
to
green” with
which,
of
swing. travels rear
slot
club
includes Milhigan,
producing side
golf used used Fairway toward surface reducing peripheral club
conven
across effect Improve
to
hit
structure
a may sole and
the impact
position having
of type
a
surface causes given
5,735,754
Good surface
Prior is
well
with walls. golf metal U.S a shots head
of over the
head oth for for
rear
an
on
In
sur of
also pro
in
golf is slot
and
air an to
the
the
the
or
a
a
10 s
20
30
40
so
35
so
65
dynamic
club laminar
force
the golf substantially
increases occurs near
become
a panying ferred
serve
In of
FIG.
aerodynamic of (1011.
present present
disclosed The Therefore, invention, disclosed preted
and/or as part
head A 100
upper namic member and Another
I24andlsseparatedtherefrombyaspacerwall c-shaped Preferably, c-shaped Other surface
surface adjacent to
FIG.
FIG.Zisabottomperspectiveviewofthegolfclubhead P30.3 FiG. FIG. accordance FIG. P10.1. P10.7
PIG. FIG.
RG.l0lsabottomvlewofaforthembodimcntofibe
FIG. The
bottom
head club primary FIGS.
a
the the by
3. to bottom BR]BF In
of aerodynamic embodiments
basis
to
100
air
1
4 as 5 objects surface the apparent 6 detailed drawings surfaces use 8 explain accordance effects
Invention. the head Invention. 9 ball 6.
rear with
club
Is reduce
124 Is Is is Is 120
Is DESCRIPI1ON
is
126
1-S limited, herein. flow Is object
the
a
slot
aerodynamic is golfer. sole
for
embodiments specification reduce a a object the an the a
rear which a
bottom
surface strildng
a DESCRJP1’ION
golf
higher surface head
having the bottom
and across rear conventional
sectional with which
bottom
interface show
bottom andadvantages end
teaching
which
130 118. to
invention. details
the
drag
and embodiments
adjacent
elevational
in
club which
c-shaped It
faces
Is
elevational but reduce
of
speed
surfaces
the
drag
taken clcvational with
principles
may
being should
the
view speed
approximately 124.The rear
a to
includes an EMBODIMENTS
extends face
perspective
on
the
of
view
In merely
mlnhnlze
first
present
disclosed view
view
forwardly
improved provide
of following
one are and
the
the
accordance and the
and
slot present
surface
into be of
122. drag
fora
the toward
OF
2
are
be
In the embodiment
of
slot of
incorporated an present
dub
view
improve
outwardly skilled of
dub
taken together lift
bottom embodied
130 a
OF conjunction as
view
shape, of understood, THE
of
rear
a invention. the
of
view
aerodynamic resulting
given bottom
hosel
merely
a
the
a
second
by invention 130 view turbulence
the the herein
120,
THE head
the
aerodynamic with the third thereof.
head is
club
description
golf
along
two
thereof.
PREFERRED concentrating Invention. of
basis in
with
present
thereof.
sole present
formed
except application
112,
with
extends swing present
bail
ball of
as
the
open surface
from DRAWINGS
the
thirds embodiment head
where
club
are embodiment
of
exemplary
in in
the
the
in 124 the
for
it
with
heel
however,
striking
the art
Is striking
a
a
is club
and various invention not
golf stability. and for
ends golf the Invention. present
golf the create lines
to more on Includes
head
of invention
Thegolf how swung.
description.
from
of
the
surface 124 turbulence
114,
provide
to
the constitute bottom
the
of club
the
claims increase
club head
the club
air 132
5—S
accom
face be
face swing
to stable which
and
toe that aero
aerody distance Inven
of
a
of
forms.
bottom
flow
128.A
of head
pre
will
head
a inter-
make
of
on
head
point
to
club
116, skid
122.
sole the and
rear the a 122 an
the are
of
the Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 37 of 39 PageID:
within striking head Is minimize laminar 128 dub hereinabove club walls upper formed skid 220. the bail
extends creating a offset described tion.
golf
FIGS. the surface
handed toe
swing limit and to appended within prism: body The surface
swung. FIGS.
The side
FIG.
P10.10
It
bottom While
I cover also
1.
head
striking 226 selectively direction The
head 100.
club
described, will
claim:
222. A aerodynamic
the
surface An the
In
having slot
face
9 surface
on flow
characteristics
9
the rearwardly
427
6. serve
golf and an or open
turbulence and the At and 200 The
all curved be head Invention shows 200
aerodynamic various in
the
surface a
230 7,
shows cms. right-handed.
sphit additional
122
and the
face a in appreciated antI modifications bail
FIGS.
direction
In
bottom 10
of club and a end air
is to spacer 218. bottom
400
327 is in that
heel, accordance it
same and
allow
the includes walls another similar direct an
224. striking and is formed
will order
of
another 8 preferred 225.
slot
and head
by rear 1-S and area
and expelled aerodynamic and
show heel
the directs
We.
surface, wall
scope
surface
time, be
air of of
greater such
of
Includes Ac-shaped the 130
to
golf
upwardly
and slot
an to reduce
surface of that rear
embodiment understood 300 with the
414 the
channel face
more 238 a
a a embodiment
and
air that 3 with
catches the
disclosure, aerodynamic of the it
hose!
embodiments 230 second particular club includes
c-shaped
the rearwardly surface, toe
wherein
of 225
toward
club is separating a the flow
224. alternate
club
effectively described skid drag
a venturi the
faces
220.
the offset 316
head similar
slot
bottom
into
Invention 212, to adjacent
head aerodynamic
air
rearwardly present
embodiment
bottom
head
that 126 club
as direct
a ball the
of 430
forwardly the of upper just slot
the Including but aerodynamic golfer,
bottom
similar heel
the opening
constructions
speed the out
the the
there and surface
rear slot to
Improvement strikingfacc, head
to 100.
whIch
have rear rather, accommodate 130 behind
the
invention. the club
surface
as club
the of skid 214. the present
toe
spacer
330
surface
Is whether
at rear defined of surface to to 400. surface air
the
been
toward
232 slot club
head
425, 230.
a no is club
of the
bead 226 is
the increase FIG. toe
the
whIch
flow.
club
slot offset surface
intended
intent 225.
a
slots 230 walls inven whIch
heel
5,735,754
club
head This shown from
falling a bail 216.
golf 120 100
side
head
In 300. 325.
upper
9. 220
side
the coin- left to head
the is
the a
Is of in or A
to
tO
20
25
35
4°
45
including extending toward said said
body prises: surface
said
said
head. Is
body prises: an surface
2.
3.
4.
an
5. 6.
7. further
8.
adjacent having rating including striking an bottom
slot
club The The
An
aerodynamic
having adjacent having bottom striking slot nat
The slot The
The
An
aerodynamic
adjacent having including having striking with aerodynamic
said
aerodynamic and
aerodynamic is
and
in a
head.
aerodynamic aerodynamic
Is aerodynamic rearwardly
is aerodynamic
aerodynamic
said aerodynamic defined venturi
further
an
rear surface; a bottom
offset
and offset a face;
said an
surface
bottom face;
a heel-to-toe a
an said heel,
open
face;
saidrear heel, skid skid
open
surface.
rear open a
extending
opening defined
rear said
toward toward by said
configuration
toe, venturi
surface,
surface end
configuration slot
surface
toe, said
surface, centerline
said
end from
configuration surface
being
golf
end
surface
slot
rear golf aerodynamic golf golf golf
*
surface
golf
golf facing
toward rear
direction. skid
facing
aerodynamic
said by said
in
club
facing
said
* being 4 opening formed
surface,
club wherein
club offset club from rearwardly club
fluid surface, in
wherein club being club
surface
in
heel.
* toe.
passing forwardly
the
head
In c-shaped
said
forwardly
of
the head
on offset head
head said forwardly
cornniunicatlon
from the head
head
on *
form
on
claim offset
ball on
the
in form
rear said configuration ball including
the
form
* having and Including said
bottom
of
from
through of
fluid
configuration said said
of improvement striking of
from of
aerodynamic
sulking improvement I from surface. toward
of claim
raised bottom
claim
daim a
claim toward
of wherein
bottom
toward toe a a
c-shaped
bottom
communication
a
a
center c-shaped
surface.
said
a said
c-shaped
wall
a
face.
of
a I from
dub
1 face, 4 said 3
longiludi
with
club
wherein surface
said
said
further
further wherein
said heel wherein
c-shaped said surface
of sepa
upper surface
further com
head said ball
slot
upper
and slot
com
said head ball
club slot
slot
of
ball
slot Case 2:11-cv-06327-KM-JBC Document 54 Filed 01/08/14 Page 38 of 39 PageID:
United Antonlous
(54)
(75) (73)
Reexamination
Reexamination
Certificate (51)
(52) (38)
(56)
Golf Golf
H40s. H4OWOOCIS.
(12)
AERODYNAMIC
HEAD 5.456.469 6.257.991 Inventor: AssIgnee: D350.176 0363.96)
D372.063 Digest. No.
Patent
Magazine. lssued Appi. Filed:
InLCL
US. FIeld 4638 See
EX
901010.266.
of
application
CL
No.:
of
No.:
33104
Correction
Ma,.
States
U.S.
Classification S S A S
81
Request
Certificate ......
OTHER
Anthony PARTE (US) Thist. Anthony
Mar
1994.
• •
PATENT
References
1011995 1)11993
811994
711996 7l00l
file Sep.
5,735,754
1994. Apr. 081759,924
Dec.
Wanaque.
Issued
p.1
METAL
PUBLICATIONS
for
3. .1
2,2008
for:
(2006.01)
Patent
l.Advenlsement 7,
4,
Antonlous
Antonlous.
DOCUMENTS p. .. complete
Antonlous MacDougall Search Ortiz
Hueber Kizynowek
1998 Jul.
1996
66.
REEXAMINATION
Cited ..
NJ WOOD
1,2008.
Ben
(US) ....
search
Irrevocable ..
et
Sarasota,
Hogan
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CLUB
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‘cited (57) Primary A namic
rear IowanS face.
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surface .
Jan.
H40
H40
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Number:
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by
the CERTIFICATE
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the
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clubs.
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26-29.
cost
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ball 1996
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May
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and
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1994.
PGA
Golf’s 1996.
US005735754C1
having
1996.
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1996. 1996, 1996,
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Drive: 11 145.
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patent; to patent,
head namic upper lOGIn and
c-shaped member
sially wardly 124 c-shaped toward extends that surface 120 thirds
tion. surface described surface. side
portion transversely the
golf surface portion side transversely the
Matter
Column the
FIGS.
REEXAMINATION
Column
FiG.
Column SPECIFICATION
FIG.
bottom
passes
and direction
direction surface of
100 surface
club
parallel patent.
A surface
surfaces
ThE accordance
of ISSUED
but
matter
with
the
the 124 9
ONLY
of 126
from 10 1—5
which of
golf
the
which aerodynamic Is aerodynamic enclosed
and
is
shows 2,
in
head
has
slot
3. surface
slot
3. shows PATENT ilnough
separated
bail club conventional
and 327
distance open which
lines. 427
FIGS.
show
through
lInes through
118.
lines club
a of offset
of with,
printed
been
and
330
ThOSE
430 Is
ARE
400
point
Is
and
rear
INDICATED
and another striking
the
the heaS
o(fsctfroar
with
ends
53—67: another
124. 22—26: In UNDER
rear includes a substantially extends passing 27—30:
1—5
passing head
EX
deleted ball the
from land] an
first an PRINTED toe surface to IS heel AFFECTED
a heavy
a
adjacent therefrom
slot
slot
In
the
aerodynamic The
mid
132
heel-to-ice aerodynamic surface the PARAGRAPHS
heel-to-toe HEREBY bottom
Preferably,
striking
316
embodiment
PARTE Italics
300 embodiment
in
face
414
includes a embodiment
130 present
130 ball 1 outwardly
through
Includes
bottom
through a of
and
brackets
shape,
a virtual 120
hosel
of
is BELOW.
of transects
the
virtual 35 122.
the
Is CERTIFICATE striking
120.
surface HEREiN. indicates
face
Is
the
by
parallel
similar
across
the
formed AMENDED
BY
Invention.
c-shaped
no
axis
sole U.S.C. ar.ss interface
except
a 112, the
the the
a
As slot a
centerline club balI
slot
club
bottom
[
from longer 122
bottom
AMENDMENT of centerline
of spacer
virtual
Jappeared similar virtual of face 124
a
of 124
shown c-shaped OF
approximately
heel
330
430
the
striking
to
a
add
virtual on,
head
and
the with
head
the
for
the
golf
THE
Includes
slot
122. and the
The on
of
present 307
a on
surface 114.
surface and
Woos
club wall
centerline.
club
centerline. rear
the
bottom part AS
to
300,
saidboitom
that In
the the
said 400,
US club
that club 130 centerline
faces
golf
face
FIG.
subsian
toe slot
aey.
FIG.
head
swface 128. head,
in olthe
bottom
made’
bottom
passes
a bottom wIth
inven
passes
325. being 425.
5,735,754 with
head
club
116,
skid the heed sole
122
for
130
9.
two
A
I,
In
A in
a a
a
a
is
40
45
AS
be
body surface
pases:
said
said
said
said
head.. body is comprises: uppersuiface
The
Claim DETERMINED Claims
Claim
New
1.
an patentable.
3.
5.Thc A [further 6.The 7.The
9.
an
Cl
An
id
slot lathe club forwardly namic aerodynamic having slot skid formed slot from Ing lag
The
An parallel RESULT
patentability end surface, said
through,
through
having
aerodynamic
claim
and
with,
4
2 aerodynamic
face
a
Is
aerodynamic is is 1,3,5.6
aerodynamic
aerodynamic head. surface aerodynamic dependent is
aerodynamic facing
said
virtual form
defined
Lfunher
slot
offset
offset
bottom
configuration
a cancelled.
on 9
and said
heel,
a in a
and
to.
Is
bottom
toward
OF
of offset a
heel-ic-toe
and
heel.
the
added
fonvardly
toward having toward
ThA1’ said
centerline
bottom configuration
said and a virtual
of by
toe,
bottom defined
surface,
c-shaped REEXAMINATION.
finn
configuration
on
raised
claim
being] golf
from,
ioe 7
rearsurjbce
gaff
* golf golf
said surface golf rear
an and
bottom
golf
are
said a
said
surface
of
surfacn. further
club amended
S
centerline
wall by
club
rear surface, axis club 2
8 club
club
wherein
from determined
ball
determined
passing
toward
and offset
a club
Is slot
toe. heel.
being]
S
c-shaped
said head
confirmed.
surface, separating
on.
of
head head head
of striking
surface,
a having said
adjacent
S
head including
said
in from
within,
claim
of
and
ball
portion claim.
the
c-shaped
through said
offset
Including
which
of
of S
said
including
passing
bouom
club
substantiallypa to
of striking to
Improvement
said claIm claim
slo,
an
adjacent
face:
I
ball
ball
IT be
be club
said and Is said
claim
from
wherein
open
the
head.
thereof
a
toe determined hawing said
patentable.
patentable
HAS
(419 [4] slot
surface;
striking
said
striking skid
a
improvement
rear subssandally skid head.
transversely
face, a
said
of
end
club
I
ball
9
club
said transect.
said
wherein aerody BEEN
said whereIn
wherein
surface
surface an surface
passing
heel
facing
upper
corn-
head
sink
jbce
head
face.
said
open
ral
club
rear
slot as
to
of