Appeal No. 2001-0401 Page 10
Application No. 09/019,451
invention was made with sufficient motivation to have modified
the fishing cart of Gonzalez to include an auxiliary wheel
assembly near the handles 20, 21 of Gonzalez so as to allow
the fishing cart to be used as a push cart.
Second, the appellant has not supplied any evidence that 5
(1) the fishing cart of Gonzalez is not intended to be
moveable in the horizontal position shown in Figure 2, and (2)
the convenience of transport in a horizontal orientation would
not be a desirable feature to incorporate into the fishing
cart of Gonzalez.
For the reasons set forth above, the decision of the
examiner to reject claims 1, 17 and 25 under 35 U.S.C. § 103
is affirmed.
Claims 5 to 7, 13, 15, 16, 18, 19, 21, 26 and 27
5Attorney's argument in a brief cannot take the place of
evidence. In re Pearson, 494 F.2d 1399, 1405, 181 USPQ 641,
646 (CCPA 1974).
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