Appeal No. 2003-0017 Page 11
Application No. 09/326,996
common to both tubes, the tubes being substantially coextensive and having upper and
lower ends. The outer tube has two legs releasably attached thereto adjacent its lower
end and adapted to hold said apparatus in a general vertical free-standing position
when resting on a horizontal surface. The outer tube at its bottom end includes an
expandable contractable means to expand sufficiently to encircle a golf ball and
then contract sufficiently to grip the golf ball and hold it against the bottom end of the
inner tube when the bottom end of the inner tube is retracted to the bottom end
of the outer tube and then to expand again and release the golf ball when the bottom
end of the inner tube is protracted outwardly from the bottom end of the outer
tube.
As shown in Figure 1, two legs 24 made of heavy wire are provided which
together with lower end 23 of inner tube 21 (with golf ball 26 gripped by fingers 25) form
a tripod to allow the apparatus to stand in generally vertical position, tipped to an angle
of about 10°-20° from the vertical. The legs 24 are locked securely at the desired angle
which provides stability for the apparatus. Luther teaches (column 4, line 67, to column
3, line 2) that "[i]t is, of course, entirely within the scope of this invention to employ other
types of legs, whether permanently attached or detachably connected."
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