Appeal No. 2004-1235
Application No. 09/845,643
advanced by both the examiner and the appellant in support of
their respective positions. As a result of this review, we have
made the determinations which follow.
We turn first to the examiner’s rejection of Claims 1, 3, 6,
7, 13 and 16 through 18 under 35 U.S.C. § 103, as unpatentable
over the disclosure of Giglio. We find that Giglio teaches a
golf accessory caddy (10) comprising a clip member (20) and a
body member (12) forming a generally U-shape design corresponding
to the claimed golf ball marker holder in the form of a clip.
See Figures 1-3, column 2, lines 41-50 and column 3, lines 2-5.
We find that Giglio teaches that the clip member (20) can be
molded from plastic and can be integrally formed with the body
member (20).2 See column 2, line 67 to column 3, line 2. We
find that Giglio teaches that the body member (20), which can
also be molded from plastic, defines a cylindrical ball marker
storage cavity (14) having an adhesively attached ball marker
retaining magnet (16) and two tee holding cavities (18). See
column 2, lines 51-65. We find that Giglio teaches that its golf
ball marker (24) is “a substantially circular disk shaped section
2 Giglio teaches that its caddy can be made of a monolithic
structure having two portions (body (20) and clip (12)) forming the
legs of a generally U-shaped member as required by claims 13 and 17.
3
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