Ex parte CARY - Page 3




          Appeal No. 2001-0401                                       Page 3           
          Application No. 09/019,451                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a mobile storage                  
          unit adapted for use in transporting and stowing selected                   
          implements, such as a workman's tools, and the like                         
          (specification, p. 1).  A copy of the claims under appeal is                
          set forth in the appendix to the appellant's brief.                         


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Bovenzi                  2,429,797                     Oct. 28,             
          1947                                                                        
          Labrum                   5,013,055                     May   7,             
          1991                                                                        
          Gonzalez                 5,159,777                     Nov.  3,             
          1992                                                                        
          Wise                          5,642,898                     July            
          1, 1997                                                                     



               The following rejections under 35 U.S.C. § 103 are before              
          us in this appeal:                                                          
          (1) Claims 1, 2, 5 and 13 to 27 as being unpatentable over                  
          Gonzalez in view of Bovenzi,                                                
          (2) Claim 3 as being unpatentable over Gonzalez in view of                  
          Bovenzi and Wise, and                                                       







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