Ex parte ROSENHAIN - Page 6




          Appeal No. 97-0672                                         Page 6           
          Application No. 08/329,086                                                  


          have suggested to one of ordinary skill in the art the                      
          desirability of modifying the Chan device so that it can                    
          removably hold a utensil, much less doing so by means of a                  
          gripping member defined in the decorative image.  While it                  
          could be concluded that Engvall would have suggested to one of              
          ordinary skill in the art that a utensil holder be installed on             
          the outside surface of the Chan device, it would not have                   
          motivated the artisan to define the holder by a portion of the              
          decorative image, as is required by the claims.  As for Zent,               
          we are at a loss to appreciate what this reference adds to the              
          rejection.                                                                  
               It therefore is our conclusion that the combined teachings             
          of the three applied references fail to establish a prima facie             
          case of obviousness with regard to the subject matter of claim              
          1.  This                                                                    







          being the case, we will not sustain the rejection of claim 1                
          or, it follows, of dependent claims 2-11.                                   







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