Ex parte CARY - Page 12




                 Appeal No. 2001-0401                                                                                    Page 12                        
                 Application No. 09/019,451                                                                                                             


                 Claims 2 and 3                                                                                                                         
                          We will not sustain the rejection of claims 2 and 3 under                                                                     
                 35 U.S.C. § 103.                                                                                                                       


                          The appellant acknowledges (brief, p. 18) that the work                                                                       
                 table 16 of Gonzalez satisfies the recitation in claim 1 of a                                                                          
                 first storage shelf.   The appellant then argues (brief, pp.6                                                                                                  
                 18-19) that the cooler tray plate 35 of Gonzalez is not                                                                                
                 readable on the second storage shelf recited in claim 2.   We                                        7                                 


                          6Claim 1 includes the limitation "a first storage shelf                                                                       
                 pivotally disposed on said support frame between said first                                                                            
                 and second ends, said first storage shelf selectively movable                                                                          
                 between a stowed position wherein said first storage shelf is                                                                          
                 oriented alongside a longitudinal axis of said support frame                                                                           
                 and an extended position wherein said first storage shelf is                                                                           
                 oriented at an angle relative to the longitudinal axis such                                                                            
                 that said first storage shelf may receivably support a first                                                                           
                 container for said implements."                                                                                                        
                          7Claim 2 reads as follows:                                                                                                    
                                   A mobile storage unit according to claim 1 including                                                                 
                          a second storage shelf pivotally disposed on said support                                                                     
                          frame between said first and second ends, said second                                                                         
                          storage shelf selectively movable between a stowed                                                                            
                          position wherein said second storage shelf is oriented                                                                        
                          alongside the longitudinal axis and an extended position                                                                      
                          wherein said second storage shelf is oriented at an angle                                                                     
                          relative to the longitudinal axis such that said second                                                                       
                          storage shelf may receivably support a second container                                                                       
                          for said implements.                                                                                                          







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