Ex parte BALDWIN - Page 9




                 Appeal No. 1999-2243                                                                                                                   
                 Application 08/567,081                                                                                                                 



                 Rejection (3)                                                                                                                          
                                   As stated on page 5 of the final rejection, the                                                                      
                 essence of this rejection is:                                                                                                          
                                   Based on the teachings of Pike 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                                                                             
                                   Johnson to include a cash receptacle to                                                                              
                                   keep money in for change.                                                                                            
                 Appellant argues at page 15 of the brief that (a) one skilled                                                                          
                 in the art would not have been motivated to install a cash                                                                             
                 receptacle in Johnson's cafeteria tray cart, and (b) since the                                                                         
                 wheels of the Johnson cart are all tangent to the same plane,                                                                          
                 the two centrally located wheels are not "sized for carrying                                                                           
                 the primary load of said cart," and do not cooperate "to                                                                               
                 enable manual turning of said cart on its own centerline," as                                                                          
                 recited in claim 16.6                                                                                                                  



                          6We do not find antecedent basis in appellant's specifi-                                                                      
                 cation for the expression "on its own centerline."      See 37                                                                         
                 CFR § 1.75(d)(1).  From the disclosure at page 6,       line                                                                           
                 28, to page 7, line 3, we assume that any cart whose   central                                                                         
                 pair of wheels is tangent to a floor plane lower      than the                                                                         
                 plane to which the corner wheels (casters) are    tangent                                                                              
                 would meet claim 16's recitation of being able to     turn "on                                                                         
                 its own centerline."                                                                                                                   
                                                                           9                                                                            





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