Ex parte GILLIS et al. - Page 11




          Appeal No. 97-1143                                                          
          Application 08/115,881                                                      


          under 35 U.S.C. § 103 over Rice in view of Covert and Berry.                
          Rejection (3)                                                               
               Claim 3 is dependent on claim 2 and, therefore, includes               
          all of the limitations of claims 1 and 2.  The examiner                     
          applies Berry in the rejection of claim 3 for the reason set                
          forth above with respect to claim 10.  Since we have found                  
          that neither Borgman nor Berry overcome the deficiency of the               
          combined teachings of Rice and Covert noted above, we will not              
          sustain the rejection of claim 3 under 35 U.S.C. § 103 over                 
          Rice in view of Covert, Borgman and Berry.                                  
          Rejection (4)                                                               
               Claims 7 through 9 are dependent, directly or indirectly,              
          on claim 6 and, therefore, include all of the limitations of                
          claims 1 and 6.  The examiner applies Rice, Covert and Borgman              
          against                                                                     
          claims 7 through 9 for the reasons set forth above in                       
          Rejection (1).  Shadel is cited to show the details of the                  
          wheel mechanism set forth in claims 7 through 9.  Shadel shows              
          a collapsible shipping crate or hand truck with a folding                   
          running gear (lines 10-23).  The folding running gear includes              
          a first pair of wheels 17 and a second pair of casters 18                   
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