Appeal No. 2000-0790
Application No. 08/992,637
Appellants state on page 3 of the brief that the claims
at issue should all stand or fall together. Therefore, we
select claim 1 and shall decide the appeal on the basis of
that claim. 37 CFR 1.192(c)(7).
The examiner's position is set forth on page 3 of the
answer as:
Regarding claim 1, Notarmuzi discloses a golf
accessory comprising a generally rectangularly
elongated plate having a pair of legs (12) and a
cradle (26). Further, Notarmuzi includes a ball
marker (36). However, Notarmuzi lacks the teaching
for the plate to have opposed jaws.
Zink discloses a golf accessory comprising a
rectangularly elongated plate (14) having a pair of
legs (28) and opposed jaws (22) along the
longitudinal axis of the plate. Note Figure 3 of
Zink which shows a constant distance between the
jaws. It would have been obvious to one of ordinary
skill in the art to provide the golf accessory of
Notarmuzi with the jaws of Zink in order to permit
the accessory to be secured to the shaft of a golf
club. Further, it would have been obvious to one of
ordinary skill in the art to modify the size of the
jaws of Zink to fit around the shaft of the golf
club in order to permit the user to attach the tool
to the shaft of the golf club.
After fully considering the record in light of the
arguments made in appellants' brief and reply brief, and in
the examiner's answer, we conclude that the rejection is not
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