Appeal No. 2003-1649 Page 9
Application No. 09/523,469
25. A creeper comprising opposed side rails of a tapered cross section, each
having a top and bottom surface; and a plurality of caster assemblies attached to
and supporting said side rails, said caster assemblies each including a top
bearing bracket attached to only the bottom surface of said side rails and
providing a top race that lies wholly within the vertical profile of said side rail,
each said caster assembly also including a kingpin holding said caster assembly
in operative relation, wherein said kingpin does not extend through said top
surface of said side rail.
Based on our analysis and review of Happ and claim 13, it is our opinion that the
differences are: (1) a plurality of caster assemblies each including a top bearing bracket
having a top race; (2) the top bearing bracket being attached to the bottom surface of
the side rail by a fastener extending through the bottom surface into the cavity such that
no protrusion extends through the top surface of the side rail; and (3) the top race of the
top bearing bracket lies wholly within the vertical profile of the side rail. Based on our
analysis and review of Happ and claim 25, it is our opinion that the difference is a
plurality of caster assemblies each including a top bearing bracket attached to only the
bottom surface of the side rails and providing a top race that lies wholly within the
vertical profile of the side rail.
In the rejection of claims 13 and 25 (answer, p. 4), the examiner (1) concluded
that it would have been obvious to one having ordinary skill in the art at the time the
invention was made to "have given the creeper, as taught by Happ, the caster
assembly, as taught by Jarvis, in order to secure the casters to the side rails without the
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