Appeal No. 2002-1062 Page 7
Application No. 09/285,607
Claim 4 adds to claim 3 the requirement that “the peg depends upwardly toward
the top surface of the mat from an enlarged base3 which does not penetrate into the
mat.” In Lorrance the rods depend upwardly from bars 22, which in our opinion
constitute “an enlarged base which does not penetrate into the mat.” It should be
recognized that claim 4 does not require that the peg itself comprise an “enlarged
base,” but only that the peg “depends upwardly” from an enlarged base. We will
sustain the rejection of claim 4.
Claim 2 depends from claim 1, and recites “wherein an elongate measuring cord
is affixed within the hole suitable to receive a golf ball” (emphasis added). Trigg
discloses a multi-use golf tool having an elongate measuring cord. To utilize the
measuring feature, the Trigg tool is temporarily attached by means of a clip (50) to the
flag stick (64) that extends upwardly out of the hole. As such, the Trigg measuring cord
is not “affixed within” the hole, as required by this claim. A prima facie case of
obviousness therefore has not been established with regard to claim 2, and we will not
sustain the rejection.
We have carefully considered all of the appellants’ arguments. However, they
have not convinced us that the examiner’s rejections of claims 1, 3 and 4 were in error.
While we appreciate that the golf putting greens disclosed in Lorrance and Anderson
3The recitation of the claim in the appendix to the Brief erroneously recites “from and enlarged
base.” See page 10 of the specification.
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