Appeal No. 2000-0790
Application No. 08/992,637
well taken.
The Zink patent discloses a tool which is designed to
hold a golf club when not in use. The grip 13 of the club is
inserted into clamps (jaws) 22 on the tool 10 and then the
club is pushed downward so that the prongs 28 on the tool
penetrate the ground, holding the club vertically, with the
head at the top (col. 3, lines 43 to 55).
We do not consider that Zink's disclosure would have
suggested adding jaws to the Notarmuzi accessory "in order to
permit the accessory to be secured to the shaft of a golf
club" as the examiner states, supra, because the purpose of
Zink's jaws is to support the club, not to be carried by it.
Assuming that Zink would have suggested modifying the
Notarmuzi accessory so that it could support a club, Zink
would have taught one of ordinary skill to add to the
Notarmuzi accessory not only jaws, but also a step (18 of
Zink) so that downward pressure could be applied to push the
device into the ground. However, providing such a step would
violate the requirement of claim 1 that the plate, bifurcated
bottom and cradle be contained in a common plane.
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