Appeal No. 2003-0017 Page 12
Application No. 09/326,996
Claims 3 to 6
We will not sustain the rejection of claims 3 to 6 under 35 U.S.C. § 103 as being
unpatentable over Piazza in view of Cole.
We agree with the examiner's determination (answer, pp. 3-4) that it would have
been obvious to one of ordinary skill in the art to provide the tool of Piazza with the tool
of Cole in order to allow the user to repair divots in the golf green.1 However, we find
ourselves in agreement with the appellant that this combination of tools does not arrive
at the subject matter of claim 4. Specifically, the claimed elongated member being
further provided with means for retaining a divot repair tool is not met by this
combination of tools. As correctly pointed out by the examiner (answer, p. 6), this
"means plus function" corresponds to the structure set forth on page 10, lines 17-22 of
the instant specification. Thus, the structure corresponding to the means for retaining a
divot repair tool is both the magnetic or magnetizable button 54 on the elongated
member 12 and the clamp 48 on the elongated member 12. However, the elongated
member of Piazza's tool (i.e., handle 2) does not contain either a magnetic or
magnetizable button or a clamp, or for that matter, any structure that could be
considered to be equivalent to both a magnetic or magnetizable button and a clamp.
Accordingly, it is our view that the tool of Piazza when mounted with the tool of Cole
1 Erick son teac hes a divo t repa ir tool re taine d on a golf b all hold ing to ol.
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