Appeal No. 1998-2019 Page 5
Application No. 08/398,752
strands of material which differ from "bristles" in that they need not be made of hair.
Accordingly, we conclude that the phrase "bristle-like" does not render the claims indefinite.
For the foregoing reasons, we shall not sustain the examiner's rejection of claims 1-20
under 35 U.S.C. § 112, second paragraph.
The obviousness rejection
Shopbell, the primary reference relied upon by the examiner in rejecting the claims,
discloses an athletic field marker comprising a soft, pliable rubber-like post (1) and a soft
rubber base (4) bonded to the lower end of the post (1) and provided with a centrally located
depending projection or plug (5) which may be of tubular construction. An annular rib (6) is
formed on the projection or plug (5). The projection or plug (5) is adapted be received in a
tubular metal socket or receptacle (8) which is driven into the ground, with the rib (6) received
in an annular groove (7) formed in the interior of the socket or receptacle. The objective of the
Shopbell marker is to overcome recognized problems with conventional corner flags.
Specifically, the Shopbell marker avoids the problem of a flag being blown into the field of
play on a windy day, suddenly contacting a player who will thus be unexpectedly called out-of-
bounds under the rules of the game (column 1, lines 39-72). With the Shopbell marker, there
is no possible chance of a player touching the post unless he actually goes out-of-bounds.
Additionally, the soft, pliable post is "absolutely harmless to players coming into contact
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