Ex parte KITE - Page 4




          Appeal No. 2001-1808                                                        
          Application 08/987,487                                                      


          rubber projecting radially from a central disc 12 affixed to                
          the top of the pointed foot by a washer 13 and an eye screw                 
          14.  The outer ends of the strips are intended to project                   
          above ground level to delineate boundary lines on the field.                
          As described by Kuoksa,                                                     
               [a] tool 15 for inserting and removing the                             
               markers 8 is provided.  This tool includes a                           
               vertical tubular cylindrical member or bar 16, open                    
               at its bottom end, to engage over the washer 13 and                    
               eye screw 14, as best                                                  
               shown in Figure 2.  The top of the bar 16 carries a                    
               hook 17, to engage in the eye screw 14 for pulling                     
               the markers 8 out of the ground.  A combined foot                      
               bar and handle 18 is provided near the bottom end of                   
               the bar 16, and this foot bar is at right angles to                    
               the bar 16.                                                            
               When the tool 15 is used to insert a marker 8,                         
               the bottom end of the bar 16 is placed over the                        
               washer 13 and eye screw, as shown in Figures 2 and                     
               3.  The strips 11 are beneath the lower edge of the                    
               tool and rest upon the surface of the ground.  The                     
               tool is pressed downwardly by placing a foot upon                      
               the bar 18 and guiding the bar 16 with the hands.                      
               When the bar 18 engages the ground surface 6, the                      
               markers are inserted to the proper depth, and the                      
               tool 15 is removed.                                                    
               If it is desired to remove the markers from the                        
               ground, the bar 18 is used as a handle and the top                     
               of the bar 16, carrying the hook 17 is inserted                        
               between the upstanding strips 11.  The hook 17 is                      
               engaged into the eye screw 14, and the marker may be                   
               readily pulled up [page 1, column 2, lines 21                          
               through 48].                                                           
          II. The 35 U.S.C. § 102(b) rejection                                        


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