Ex Parte ASTA - Page 10




              Appeal No. 2003-0017                                                               Page 10                
              Application No. 09/326,996                                                                                


              the marker when held in position by the magnet, and preferably, the top side of the                       
              marker is slightly below the top of the putter.                                                           


                     Since the marker 42 is wider than the upper surface 44 of the magnet 36, it can                    
              be readily tilted by pressing on the outer surface thereof near the periphery thereof.                    
              When such pressure is applied, the outer edge of the magnet functions as a fulcrum for                    
              the marker.  By pressing near the outer edge of the marker with a finger or thumb, the                    
              other fingers of the same hand of the player can be used to detach the marker from the                    
              magnet, since at that time, the part of the marker which is diagonally opposite the point                 
              of pressure on the marker, is raised a sufficient distance above the cover so that it is                  
              readily accessible for handling, as shown in Figure 1.  As shown in Figure 6, the                         
              construction is such that the club can be used for lifting the marker off the green.  Thus                
              eliminating a stooping movement of the player.  Once the marker is attracted to the                       
              magnet, it can, if not properly seated in the recess, be readily seated by a sliding                      
              movement imparted thereto by a finger.                                                                    


              Luther                                                                                                    
                     Luther's  invention relates to a golf ball retrieving and dispensing apparatus                     
              which includes an elongated inner tube and an elongated outer tube mounted                                
              telescopically slidable with respect to each other such that a single longitudinal axis is                








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