Appeal No. 97-0672 Page 5
Application No. 08/329,086
Chan discloses a design which is described as “a mug with
a detachable outer coating.” There is no clue as to whether
the outer coating is “a supple, sleeve member” as is required
by the claim. Although the drawings are barely discernible, it
is clear that Chan has no structure which could function as a
“gripping member . . . configured to engage and removably hold
a utensil.” Engvall discloses an aerosol dispenser that has a
gripping member attached to its side to removably hold a tube
through which the aerosol material can be dispensed. Zent
discloses a decorative cover for a bottle which comprises a
three-dimensional decorative figure. The decorative figure has
bendable arms, to one of which is attached a candy cane. There
is no explicit teaching that the arms be used to removably hold
a receptacle, nor is it apparent that they are capable of doing
so.
It is axiomatic that the mere fact that the prior art
structure could be modified does not make such a modification
obvious unless the prior art suggests the desirability of doing
so. See In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127
(Fed. Cir. 1984). We fail to perceive any teaching, suggestion
or incentive in either of the secondary references which would
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