Ex parte CARY - Page 16




          Appeal No. 2001-0401                                      Page 16           
          Application No. 09/019,451                                                  


          implements when said support frame is oriented upright on the               
          transport surface" is readable on the lid 38 of the cooler                  
          housing of Gonzalez since the lid is selectively movable between            
          an opened position to permit access to any implements within the            
          cooler housing and a closed position that prevents inadvertent              
          spillage of any implements within the cooler housing when the               
          support frame (i.e., support posts 11, 12) is oriented upright              
          on a transport surface as shown in Figure 1 of Gonzalez.  We                
          note that claims 9, 22 and 23 do not exclude the use of                     
          elastomeric bands to ensure the lid of the cooler housing stays             
          closed when the support frame (i.e., support posts 11, 12) is               
          oriented upright on a transport surface.                                    


               The limitation of claim 14 that each of the storage                    
          compartments includes "an access door selectively movable                   
          between an opened position to permit access to said implements              
          and a closed position to prevent inadvertent spillage of said               
          implements when said support frame is oriented upright on the               
          transport surface" is readable on the lid 38 of the cooler                  
          housing of Gonzalez and the tool box 24 of Gonzalez which as                
          shown in Figure 2 includes a closable lid.  We note that claim              







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