Ex parte RUDDUCK et al. - Page 5




                 Appeal No. 1999-2186                                                                                                                   
                 Application No. 08/857,571                                                                                                             


                 lead,  charcoal, wax or chalk" (page 2).  Lundy discloses a3                                                                                                                             
                 golf tee having a metal tip 1 and "a flexible body member 4,                                                                           
                 preferably of rubber" (p. 1, lines 55 and 56), the purpose of                                                                          
                 the flexible body being so that "the same will yield upon                                                                              
                 being struck by the club, as shown in dotted lines in Figure                                                                           
                 3" (p. 1, lines 101 to 103).                                                                                                           
                 Ranseen discloses a conventional golf tee, usually made of                                                                             
                 wood, having a collar or sleeve "preferably of flexible,                                                                               
                 resilient rubber, demountably attached thereto," which                                                                                 
                 strengthens the shank of the tee and provides a buffer for the                                                                         
                 head or seat of the ball (p. 1, lines 15 to 27).                                                                                       
                          In rejecting claim 1, the examiner found that it would                                                                        
                 have been obvious, in view of Stewart, to provide Lundy’s                                                                              
                 rubber- bodied tee with a writing point (rejection (1)), or,                                                                           
                 in view of Ranseen, it would have been obvious to provide the                                                                          
                 tee of Stewart with a rubber collar (rejection (5)).  Although                                                                         
                 neither Lundy nor Ranseen indicates that the disclosed rubber                                                                          
                 performs any erasing function, or otherwise teaches or                                                                                 
                 discloses the inclusion of an eraser, the examiner takes the                                                                           

                          3We assume that by "lead" Stewart means a pencil lead,                                                                        
                 which is actually made of graphite.                                                                                                    
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