Appeal No. 2003-1649 Page 10
Application No. 09/523,469
need for welding; and (2) stated that "the shape of the side rails is not patentable
because it does not produce an unexpected result other than increased comfort which
is believed to be well-known and expected."
The appellant argues that the combined teachings of Happ and Jarvis do not
suggest the claimed subject matter. We agree. In our opinion while it would have been
obvious at the time the invention was made to a person of ordinary skill in the art to
have modified Happ's casters 12 to be built in the manner taught by Jarvis, this
modification of Happ does not result in the claimed subject matter. In that regard,
neither Happ or Jarvis discloses a top race that lies wholly within the vertical profile of
the side rail and such a modification to Happ is not suggested by the applied prior art.
Accordingly, the decision of the examiner to reject claims 13 and 25, and claims 14 to
16, 19 and 20 dependent hereon, under 35 U.S.C. § 103 is reversed.
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