Appeal No. 1999-2186
Application No. 08/857,571
(3) Claims 25 and 42, Lundy in view of Stewart and
Liccardello;2
(4) Claim 48, Lundy in view of Stewart, Pryde and Jones;
(5) Claims 1, 2, 5, 6, 9 to 12, 16, 21 to 24, 26 to 29,
31 and 32, Stewart in view of Ranseen;
(6) Claims 18, 19, 33 to 38, 41 and 43 to 47, Stewart in view
of Ranseen and Pryde;
(7) Claim 25, Stewart in view of Ranseen and Liccardello;
(8) Claim 42, Stewart in view of Ranseen, Pryde and
Liccardello.
II. Claims 1, 2, 5, 6, 9 to 14, 17, 21 to 24, 26 to 30 and 32,
unpatentable over claims 1 to 10 of the Rudduck patent, on the
ground of obviousness-type double patenting.
I. 35 U.S.C. § 103 Rejections
Considering first the references applied against claim 1,
Stewart discloses a "basic commercial golf-tee" having a body
2 of unspecified material (presumably wood or plastic) into
the tip of which is inserted a writing material "typically,
2Since claim 42 depends on claim 39, it appears that
Pryde should have been included in the rejection of claim 42.
However, this is of no consequence in view of our disposition
of the § 103 rejections.
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