Golf accessory

Games using tangible projectile – Golf – Ball position marker

Reexamination Certificate

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Details

C101SDIG029

Reexamination Certificate

active

06379271

ABSTRACT:

BACKGROUND OF THE INVENTION
1. Field of the Invention
The present invention relates generally to sports equipment and accessories, and more specifically to a golf accessory in the general configuration of a key chain attachment. The present golf accessory includes a marking pen with a cap which includes a golf ball marker removably stored therein.
2. Description of the Related Art
The game of golf has become extremely popular throughout the world, and its popularity continues to increase. As a result, courses are becoming increasingly crowded, with perhaps several players in a group playing on any given hole obviously, it can be difficult for each player to keep track of his or her golf ball while it is in play, under such circumstances.
Accordingly, the rules of golf require that each player be able to identify his or her ball while it is in play, in order to avoid playing the wrong ball and suffering the corresponding penalty. The identification is generally accomplished by the golfer marking the ball with a suitable marker of some sort, to produce a distinctive signature, mark, ink color, etc. to differentiate that player's ball from others in play. However, it has been found that most golfers do not bother to mark their golf balls, most likely because the golfer forgets to take care of this chore before play begins, and the lack of a suitable marking means being available on the course.
Aside from the importance of marking one's ball for identification during play, it is also required that players mark the location of their ball in the event the ball is temporarily removed from play, as in providing a clear line to the hole for another player on a golf green. Ball markers of various sorts have been developed for this purpose, with the golfer merely placing the marker in the surface of the green at the location of his or her ball, and then replacing the ball at that position when that player's turn comes up. Practically all golfers carry such markers, either in the form of a specialized and/or personalized, ornamental device, or in a less expensive generic form. In any event, such markers are generally carried loose in a clothing pocket, or in a pocket of a golf bag, etc., where the golfer must rummage around to access the relatively small marker.
Accordingly, a need will be seen for a golf accessory comprising a combination marking pen for marking golf balls with appropriate player identification, and a holder for a golf ball position marker. The present invention has the general configuration of an enlarged golf tee, both for the novelty of the appearance and also to clearly identify the device as a golf accessory. The marker pen is preferably in the form of a fiber tip marker and forms the stem of the simulated tee, with the cap of the pen having the appearance of a golf ball resting on the tee. The generally spherical cap is removable from the tip of the pen, for using the pen. The cap is openable along a hemispherical parting line to access the golf ball position marker stored therein. The distal tip of the pen may include a key chain passage therethrough, so the device may be used as a key chain holder for locker and/or golf cart keys, etc. as desired.
A discussion of the related art of which the present inventor is aware, and its differences and distinctions from the present invention, is provided below.
U.S. Pat. No. 3,615,596 issued on Oct. 26, 1971 to Albert F. Petti et al., titled “Writing Accessory,” describes a generally hollow tube for removably fitting a pencil or the like therein, with an opposite closed end of the tube having a hard candy (e.g., lollipop) molded in place thereon. No cap is disclosed for covering the tip of the pencil or marker held in the Petti et al. device, whereas the present golf accessory includes such a removable cap for preventing the marker tip from drying out. The generally round candy element on the Petti et al. device is not hollow and cannot be opened or used for storing anything therein, whereas the hollow sphere of the present accessory may be opened to access a golf ball position marker stored therein. Moreover, the round element of the Petti et al. device cannot be removed from the tube or rod element, except by ingesting the element, whereas none of the components of the present invention are edible and the spherical element is readily removable.
U.S. Pat. No. 3,961,852 issued on Jun. 8, 1976 to David W. Parry, titled “Writing Instrument,” describes an accessory for a pen or the like, comprising a cap with a flat plate formed along one side thereof. The plate may be used as a writing surface, and/or may include a plurality of sheets of paper therewith, and may include other features and functions as well. While Parry discloses a pen having a conventional breather vent therein, as provided in the marker element of the present golf accessory, he does not disclose any form of removable spherical cap, much less any means of opening the cap to access a golf ball position marker or other accessory stored therein, as provided by the present golf accessory.
U.S. Pat. No. 4,302,121 issued on Nov. 24, 1981 to Jung S. Kim, titled “Ball-Point Pen Having Three Sides And Complementary Cap,” describes a pen having a generally equilateral triangular cross section, with concave sides. The cap disclosed by Kim is not: spherical, is not hollow, cannot be opened, and cannot store a ball position marker therein, whereas each of the above features is provided by the present golf accessory.
U.S. Pat. No. 5,735,544 issued on Apr. 7, 1998 to Jennifer L. Buckner, titled “Page Turning Device,” describes a generally spherical device having a multitude of small protuberances evenly disposed over the surface thereof, for gripping the surface of a sheet of paper for turning the page. The protuberances are the exact opposite of the dimples formed in the surface of a golf ball, which the cap of the present accessory resembles. Moreover, the Buckner page turner is a solid mass, with the exception of a socket for removably installing the device on the end of a pencil or the like. Buckner does not provide a hollow interior, openable shell, nor storage means therein for a golf ball position marker, each of which features are a part of the present golf ball accessory. Also, it should be noted that the Buckner device is formed of a soft, moldable rubber material (column 3, lines 54-55), which would be unsuitable for forming a relatively rigid hollow cap as required by the present invention.
U.S. Pat. No. 5,743,180 issued on Apr. 28, 1998 to Michael C. Arnke, titled “Golf Ball Marker,” describes a device having a superficial resemblance to the present invention, but incorporating a completely different structure and function. The device of the Arnke '180 U.S. Patent resembles a golf tee with a ball resting thereon, but the stem portion of the tee does not include any form of marking or writing implement therein, as does the present invention. In lieu of such a marking implement, the Arnke '180 U.S. Patent device includes an ink pad and stamp housed in an openable shell, resembling a golf ball resting atop the tee. The hollow golf ball shape is similar to that of the present invention, but due to its containing of the ink pad and stamp therein, cannot contain a golf ball position marker therein, as can the present golf accessory invention. Also, the entire golf ball cap portion of the present invention acts as a cap for the marker pen portion, and is completely removable therefrom, unlike the golf ball portion of the device of the Arnke '180 U.S. Pat.
U.S. Pat. No. D-304,607 issued on Nov. 14, 1989 to Robert D. Bagg, titled “Golf Tee,” illustrates a design for a golf tee having a relatively wide flange disposed immediately below the ball rest at the end of the tee. No marking means, removable components, or ball location marker storage means is apparent in the Bagg design.
U.S. Pat. No. D-317,624 issued on Jun. 18, 1991 to William R. Jurinjak, titled “Combined Pen And Magnetic Holder Therefor,” illustrates a design comprising a base

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