Appeal No. 2003-1649 Page 5
Application No. 09/523,469
Happ discloses that a creeper 10 includes casters 12 secured by brackets 14
which are pivotally mounted on base 24 by stud shafts 18 as is well known in the art.1
As shown in the drawings the base 24 has a circular cross section and forms a
substantially rectangular base to which body member 16 is rigidly secured. A second
body member 28 is pivoted by hinges 26 to the body member 16. A head rest 32
is provided on the body member 28.
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Happ and claim 1, it is our opinion that the
differences are: (1) the side rails having planar top and bottom surfaces, the top surface
tapering toward the bottom surface to define a decreased cross section of the side rails,
the decreased cross section of the side rails being positioned, adjacent the pad; and
(2) the caster assemblies being positioned wholly under and attached solely to the
bottom surface of the side rails. Based on our analysis and review of Happ and claim
21, it is our opinion that the differences are: (1) each hollow side rail having a generally
horizontal bottom surface; and (2) a plurality of caster assemblies attached to the side
1 The precise manner of mounting the stud shafts 18 to the base 24 is not disclosed by Happ.
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