Appeal No. 2000-0179
Application No. 08/923,774
Dunkley is directed to a collapsible baby carriage
comprising two seats in tandem for the purpose of carrying
more than one child. While we do appreciate that both Sides
and Dunkley address the problem of collapsible seat assemblies
for carrying children, it is not apparent to us why one of
ordinary skill in the art would have found suggestion in the
teaching by Dunkley of a tandem seat arrangement in a baby
carriage to provide a second seat section in the Sides
shopping cart, especially in light of the very disparate
structural and functional features of the Sides shopping cart
and the Dunkley baby carriage. From our perspective, the only
suggestion for combining the applied references in the manner
proposed by the examiner is found in the luxury of hindsight
accorded one who first viewed the appellant's disclosure.3
This, of course, is not a proper basis for a rejection. See
While the Doty (U.S. Pat. No. 5,312,122) and Gray (U.S. Des. Pat. No.3
336,993) patents and the Shop-Along Child Carrier alluded to in the Ruger,
Chalfant and Stierle declarations teach the desirability of providing seating
for more than one child in a shopping cart, these references would have
suggested furnishing such seating by either providing four leg openings in the
rear wall of the collapsible pivotable seat section (Gray) or providing an
additional seat as an attachment to the rear of the shopping cart (Doty and
Shop-Along).
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