Appeal No. 98-0108 Page 4
Application No. 08/598,795
Although we cannot agree fully with the examiner’s
rationale regarding claims 1 through 4, 9, 16, 17 and 18, we
nevertheless will sustain the § 103 rejection of these
claims for reasons that follow.
The Kazmerchek reference discloses a push cart handle
having a horizontal central portion and two side sections
extending downwardly and rearwardly from opposite ends of
the horizontal portion. The side sections are inherently
capable of being utilized as hand grip sections inasmuch as
they are in positions where they may easily be grasped by
the user of the cart. Appellant makes no argument to the
contrary.
Like appellant’s claimed handle, the horizontal central
portion and the two side sections of the Kazmerchek handle
lie along a plane which extends at an acute angle to a
vertical plane. Thus, the only difference between
Kazmerchek’s handle and the handle defined in appealed claim
1 is that Kazmerchek’s side sections (which correspond to
appellant’s hand grip sections) extend from the horizontal
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