Appeal No. 2003-1649 Page 8
Application No. 09/523,469
Jarvis' invention relates to improvements in bearing construction. As shown in
the drawings, a top or swivel plate 1 is provided with a ball race 4. The swivel plate 1 is
attached to a retaining object 5 by means of bolts 6. A pintle 7 is inserted in an opening
2 of the swivel plate 1. Wheel 26 is supported by plates 23. Plates 23 are connected
to top bracket 18 by rivets 25. Top bracket 18 is provided with a ball race 19 and ball
bearing members 21 are secured between races 4 and 19.
With respect to dependent claims 4 to 7, 9 to 12 and 22 to 24, we have reviewed
the teachings of Jarvis additionally applied in the rejection of claims 4 to 7, 9 to 12 and
22 to 24 but find nothing therein which makes up for the deficiencies of Happ discussed
above regarding claims 1 and 21. Accordingly, we cannot sustain the examiner's
rejection of appealed claims 4 to 7, 9 to 12 and 22 to 24 under 35 U.S.C. § 103.
Claims 13 and 25, the only independent claims subject to this ground of
rejection, read as follows:
13. A creeper comprising hollow opposed side rails, each having a top
surface spaced from a bottom surface by opposed arcuate surfaces to define a
cavity therebetween; a pad supported between said side rails; and a plurality of
caster assemblies each including a top bearing bracket having a top race, said
top bearing bracket being attached to said bottom surface by a fastener
extending through said bottom surface into said cavity such that no protrusion
extends through said top surface, wherein said top race of said top bearing
bracket lies wholly within the vertical profile of said side rail.
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