Ex parte CHALFANT - Page 9





                 Appeal No. 2000-0179                                                                                                                   
                 Application No. 08/923,774                                                                                                             


                 Dunkley.   Accordingly, we shall not sustain the examiner's4                                                                                                                       

                 rejection of claims 18-20 under 35 U.S.C. § 103.                                                                                       
                                                                   CONCLUSION                                                                           
                          To summarize, the decision of the examiner to reject                                                                          
                 claims 9-20 under 35 U.S.C. § 103 is reversed.                                                                                         
                                                                    REVERSED                                                                            






                                   IAN A. CALVERT                                                 )                                                     
                                   Administrative Patent Judge                                    )                                                     
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                                   HARRISON E. McCANDLISH                                         )     APPEALS                                         
                                   Senior Administrative Patent Judge                                                                                   
                                   )       AND                                                                                                          
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                                   JENNIFER D. BAHR                                               )                                                     
                                   Administrative Patent Judge                                    )                                                     



                          4In this regard, we note that, while Doty may have suggested attaching                                                        
                 a removable second seat external to the Sides shopping cart basket frame, the                                                          
                 seat attachment taught by Doty lacks "a rear wall having a top axle extending                                                          
                 between and pivotally mounted upon vertical support rods which extend upward                                                           
                 along opposite sides of said basket frame" as recited in claim 18.                                                                     
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