Appeal No. 2004-1235
Application No. 09/845,643
Here, we find that the generally U-shaped caddy described
in Giglio is shown to be much smaller than a golf glove and can
be attached to the belt or the waistband of a golfer using the
gap (38) therein. See Figure 2 in conjunction with column 3,
lines 5-7. Thus, we concur with the examiner that there is a
reasonable basis to believe that the generally U-shaped caddy
described in Giglio is capable of being attached to a shoe.
Schreiber, 128 F.3d at 1477, 44 USPQ2d at 1432. We find nothing
in the record which contradicts this finding. That is, the
appellant has not supplied any objective evidence to demonstrate
that the generally U-shaped caddy described in Giglio is not
capable of being attached to a shoe.
With respect to claim 17, the appellant argues that Giglio
does not teach the claimed “means for releasably fixing a ball
marker to the outer portion.” See the Brief, page 5. According
to the appellant (the Brief, pages 5 and 6), pursuant to
35 U.S.C. § 112, sixth paragraph, this means-plus-function
language includes “the disclosed indentation 16 and recessed
cavity 17 with a depth less than the thickness of the marker so
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