Appeal 2007-2121
Application 10/705,083
frictionally retained therein, or can be adhesively held in bore 24b (Gipp,
col. 2, ll. 1-12, col. 2, l. 60, to col. 3, l. 60, and Fig. 1). Gipp discloses that
base 10 is PVC pipe and post 22 is PVC tubing (id., col. 3, ll. 61-66).
We find Roger would have additionally disclosed to one of ordinary
skill in this art that the apparatus for driving tube 1 into the ground by a
hammer pressed against pile-driving head 2 bearing against a bearing surface
such as annular collar 4 formed inside the bottom of tube 1, wherein head 2
is fitted with leading penetration point 6 (Roger, e.g., Abstract, col. 2, ll. 4-
19, col. 2, l. 66, to col. 3, l. 16, and Fig. 1).
We find Anglea would have additionally disclosed to one of ordinary
skill in this art body 12 of a material which can be deformed to fit into
opening 14 of hollow receptacle 16 in an anchor of a base employed on a
playing field to mark the location of the base, wherein body 12 is frictionally
retained in receptacle 16 and includes a flexible indicator 32 made of bristle-
like members 34 (Anglea, e.g., Abstract, and col. 2, ll. 5-41, and col. 2, l. 66,
to col. 3, l. 53, and Figs. 1-2). Anglea discloses that indicator 32 can be
secured to body 12 by clamps and adhesive (id., col. 3,
l. 56, to col. 3, l. 11).
We determine the combined teachings of Smith, Selby, Clarke, Gipp,
and Roger and further with Anglea, the scope of which we determined
above, provide convincing evidence supporting the Examiner’s case that the
claimed invention encompassed by claims 1, 9, and 14, as we interpreted
these claims above, would have been prima facie obviousness to one of
ordinary skill in the marker arts involving terrain familiar with the use of
11
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