Ex parte CARY - Page 9




          Appeal No. 2001-0401                                       Page 9           
          Application No. 09/019,451                                                  


               it would have been obvious to one of ordinary skill in                 
               the art at the time the invention was made to modify the               
               fishing cart of Gonzalez to include the auxiliary wheel                
               assembly of Bovenzi so as to allow the fishing cart [to]               
               be used alternately as a push cart.                                    
          We agree.                                                                   


               The appellant's argument (brief, pp. 7-11) that one of                 
          ordinary skill in the art would not have been inclined to                   
          modify the fishing cart of Gonzalez to incorporate an                       
          auxiliary wheel assembly as recited in claims 1, 17 and 25 is               
          unpersuasive for the reasons that follow.                                   


               First, it is our view that the combined teachings of                   
          Gonzalez and Bovenzi provide the necessary teaching, reason,                
          suggestion, or motivation to have modified Gonzalez to include              
          an auxiliary wheel assembly as suggested by Bovenzi so as to                
          allow the fishing cart to be used as a push cart.  In that                  
          regard, it is our view that the Bovenzi's teachings of making               
          a hand truck that is moveable in its vertical position (see                 
          Figure 1) to be also moveable when in the horizontal position               
          (see Figure 2) so as to useable as a push cart would have                   
          provided a person of ordinary skill in the art at the time the              







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