Ex parte COLE et al. - Page 2




                     Appeal No. 2000-0790                                                                                                                                              
                     Application No. 08/992,637                                                                                                                                        


                     matter on appeal as follows:1                                                                                                                                     
                                1.  An accessory for a golf club normally removably                                                                                                    
                     mounted on a golf club shaft for use in green repair, cleat                                                                                                       
                     cleaning, ball marking and as a general support comprising:                                                                                                       
                                a substantially rectangularly elongated plate having a                                                                                                 
                     front face and a back face, a top and a bottom, the bottom                                                                                                        
                     being bifurcated, forming right and left legs and the top                                                                                                         
                     defining a cradle; said plate having opposed jaws integrally                                                                                                      
                     extending along a portion of the front face, along the                                                                                                            
                     longitudinal axis of said plate, said jaws being mutually                                                                                                         
                     spaced equidistantly along their length and dimensioned to be                                                                                                     
                     press fitted on a golf club shaft and not the grip; said                                                                                                          
                     plate, bifurcated bottom and cradle being contained in a                                                                                                          
                     common plane; and                                                                                                                                                 
                                removable ball marker mounted on said plate adjacent said                                                                                              
                     jaws, said jaws comprising opposed clip members separated by a                                                                                                    
                     constant distance along the longitudinal axis of said plate.                                                                                                      
                                The references applied in the final rejection are:                                                                                                     
                     Notarmuzi                                                        5,226,647                                                       Jul.                             
                     13, 1993                                                                                                                                                          
                     Zink                                                             5,437,449                                                       Aug.                             
                     1, 1995                                                                                                                                                           
                                Claims 1 to 4 and 6 stand finally rejected under 35                                                                                                    
                     U.S.C.                                                                                                                                                            
                     § 103(a) as unpatentable over Notarmuzi in view of Zink.                                                                                                          

                                1Claim 1 was amended following final rejection by an                                                                                                   
                     amendment (filed Dec. 9, 1998) whose entry was approved in the                                                                                                    
                     Advisory Action of Dec. 17, 1998 (Paper No. 8).  We note that                                                                                                     
                     claim 1 is correctly copied in Appendix 1 of the brief, but                                                                                                       
                     incorrectly copied in the Supplemental Appendix 1 filed on                                                                                                        
                     Aug. 22, 2000.                                                                                                                                                    
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