Appeal No. 2004-1235
Application No. 09/845,643
of magnetically attractable steel that is sized to fit within
[the] ball marker storage cavity...” and contains any desired
identifying indicia, such as the name of a golf equipment
manufacturer, on its top surface. See column 3, lines 23-31.
We note that the golf accessory caddy (10) described in
Giglio is not free from the tee holding cavities as required by
the claims on appeal. However, we concur with the examiner that
the elimination of the tee holding cavities and their known
attendant functions from the golf accessory caddy (10) would have
been prima facie obvious to one of ordinary skill in the art
inasmuch as the usefulness of the golf accessory caddy (10) is
readily apparent to those skilled in the art even in the absence
of the tee holding cavities. See In re Thompson, 545 F.2d 1290,
1294, 192 USPQ 275, 277 (CCPA 1976); In re Kuhle, 526 F.2d 553,
555, 188 USPQ 7, 9 (CCPA 1975); In re Wilson, 377 F.2d 1014,
1016-17, 153 USPQ 740, 742 (CCPA 1967). That is, one of ordinary
skill in the art would readily recognize that the golf accessory
caddy (10), even without the tee holding cavities, is useful as
an effective carrier for a golf ball marker and a golf glove.
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