Ex Parte Whiteside - Page 2




              Appeal No. 2003-1649                                                                 Page 2                
              Application No. 09/523,469                                                                                 


                                                    BACKGROUND                                                           
                     The appellant's invention relates to a mechanic's creeper having an improved                        
              side rail and caster assembly providing a more contoured fit for the user, improved                        
              resistance to wear and tear, and a lack of protrusions on the side rails so as to avoid                    
              the snagging and tearing of clothes and possible scratches to the user's body                              
              (specification, p. 1).  A copy of the claims under appeal is set forth in the appendix to                  
              the appellant's brief.                                                                                     


                     The prior art references of record relied upon by the examiner in rejecting the                     
              appealed claims are:                                                                                       
              Jarvis                             1,882,497                           Oct. 11, 1932                       
              Happ                               2,487,706                           Nov. 8, 1949                        



                     Claims 1 to 3, 8 and 21 stand rejected under 35 U.S.C. § 103 as being                               
              unpatentable over Happ.                                                                                    


                     Claims 4 to 7, 9 to 16, 19, 20 and 22 to 25 stand rejected under 35 U.S.C. § 103                    
              as being unpatentable over Happ in view of Jarvis.                                                         











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