Appeal No. 1999-2243
Application 08/567,081
anticipation is the ultimate or epitome of obviousness. In re
Avery, 518 F.2d 1228, 1234, 186 USPQ 161, 166 (CCPA 1975).5
Rejection (2)
The examiner states the basis of this rejection as
(final rejection, page 4):
Based on the teachings of Evans and
Jones et al., it would have been obvious to
one having ordinary skill in the art at the
time the invention was made to modify the
cart of Pike et al. to have means and pan-
els on the
sides of the cart to display advertising or
a particular casino theme depending upon
the design choice of the owner.
In our view, this rejection is well taken as to
claim 13. Contrary to appellant's arguments, the motivation
for providing the sides of Pike's cart with side panels which
are "slideably insertable and removable" would be the obvious
5We note that on December 22, 1997, appellant filed a
declaration of the inventor, William C. Baldwin, purportedly
showing commercial success and copying of the invention by
others. This evidence has not been considered in relation to
rejections (1) and (2), since appellant only argues that it
supports the patentability of claims 16, 17, 31 and 38 (brief,
pages 17 and 18).
6
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