Appeal No. 2001-0401 Page 17
Application No. 09/019,451
14 does not exclude the use of elastomeric bands to ensure the
lid of the tool box stays closed when the support frame (i.e.,
support posts 11, 12) is oriented upright on a transport
surface.
For the reasons set forth above, the decision of the
examiner to reject claims 9, 14, 22 and 23 under 35 U.S.C. §
103 is affirmed.
Claim 24
In the reply brief (p. 2), the appellant stated that if
claim 23 falls, then claim 24 should also fall. In accordance
with this grouping of claims, claim 24 falls with claim 23.
Thus, it follows that the decision of the examiner to reject
claim 24 under 35 U.S.C. § 103 is also affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 to 3, 5 to 7, 9 and 13 to 27 under 35 U.S.C. § 103 is
affirmed with respect to claims 1, 5 to 7, 9 and 13 to 27 and
reversed with respect to claims 2 and 3.
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