Appeal No. 2004-1235
Application No. 09/845,643
that “Buckman discloses a golf ball marker and carrying tool
comprising a recess (4) sized for receiving a ball marker (7) and
magnet (6). Note Figure 2 which shows the ball marker protruding
slightly past the outer surface of the recess.” Compare the
Answer, page 3, with the Brief in its entirety. The examiner
finds, and the appellant does not dispute, that this feature
facilitates the removal of the ball marker. Compare the Answer,
page 3, with the Brief in its entirety.
Although Giglio also discloses a feature for facilitating
the removal of the ball marker, we concur with the examiner that
one of ordinary skill in the art would have been led to use
either ball marker removing feature in Giglio’s caddy, motivated
by a reasonable expectation of successfully facilitating the
removal of the golf ball marker from the circular recessed cavity
therein.
It follows that the combined teachings of Giglio and Kennedy
would have rendered the subject matter of claim 14 obvious to one
of ordinary skill in the art withing the meaning of 35 U.S.C.
§ 103. Accordingly, we affirm the examiner’s decision rejecting
claim 14 under 35 U.S.C. § 103.
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