Appeal No. 2003-0017 Page 13
Application No. 09/326,996
does not have an elongated member provided with means for retaining a divot repair
tool as set forth in claim 4 on appeal.
For the reasons set forth above, the decision of the examiner to reject claim 4,
and claims 3, 5 and 6 dependent thereon, under 35 U.S.C. § 103 is reversed.
Claims 2, 7, 11, 21 and 22
We will not sustain the rejection of claims 2, 7, 11, 21 and 22 under 35 U.S.C.
§ 103 as being unpatentable over Piazza in view of Erickson.
We agree with the examiner's determination (answer, p. 4) that it would have
been obvious to one of ordinary skill in the art to modify the handle of Piazza's tool to
hold a golf ball marker as suggested and taught by Erickson. However, once again we
find ourselves in agreement with the appellant that this modification of Piazza does not
arrive at the claimed subject matter. Specifically, we agree with the appellant's
argument that Piazza lacks both the first golf ball marker holding portion for storing a
golf ball marker and the second golf ball marker holding portion for depositing a golf ball
marker on and retrieving a golf ball marker from the ground. Thus, even if the handle of
Piazza's tool were modified to hold a golf ball marker as suggested and taught by
Erickson (i.e., the claimed first golf ball marker holding portion for storing a golf ball
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