Ex Parte Hadley - Page 6




         Appeal No. 2003-0673                                                       
         Application 09/795,307                                                     


         lower ends of the handle as having spaced ring ridges.  Conceding          
         that O’Malley does not respond to these limitations, the examiner          
         turns to Weck.                                                             
              Weck discloses a cart designed to transport household items           
         such as groceries, beverages and wearing apparel.  The cart 20             
         comprises a base 22, four caster assemblies 24, 26, 28 and 30, an          
         inverted U-shaped handle 44, and receptacles 32, 34, 36 and 38 in          
         the base for selectively receiving the lower ends of the handle’s          
         vertical legs 40 and 42.  As shown in Figure 7, and more clearly           
         in Figure 10, each of the lower ends of the vertical legs                  
         includes a flange 102 having a radially extending ear 106 which            
         engages the upper face of the base and a spring-biased button 94           
         which engages the lower face of a washer 108 fixed to the bottom           
         face of the base to retain the leg within a receptacle.                    
              In proposing to combine O’Malley and Weck to reject claims 5          
         and 6, and claim 7 which depends from claim 6, the examiner                
         concludes that it would have been obvious to one of ordinary               
         skill in the art at the time the invention was made “to modify             
         the handle of O’Malley with the improvement of a handle as taught          
         by Weck et al. to provide ring ridges which are able (easily) to           
         release the handle, for convenience” (answer, page 5).  It is not          
         entirely clear from this explanation how the examiner is                   


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