Ex parte CARY - Page 8




                 Appeal No. 2001-0401                                                                                     Page 8                        
                 Application No. 09/019,451                                                                                                             


                          Bovenzi discloses a hand truck.  As shown in Figures 1-2,                                                                     
                 the hand truck includes a platform 1, a shelf 2 at the lower                                                                           
                 end of the platform 1, a lip 3 at the upper end of the                                                                                 
                 platform 1, wheels 4 near the upper and lower ends of the                                                                              
                 platform 1, and an extensible handle 5.  In the vertical                                                                               
                 position shown in Figure 1, the hand truck is movable on the                                                                           
                 lower wheels 4.  In the horizontal position shown in Figure 2,                                                                         
                 the hand truck is movable on the lower and upper wheels 4 so                                                                           
                 as to be used as a push cart (see column 2, lines 31-36).                                                                              


                          With respect to claims 1, 17 and 25, the examiner                                                                             
                 ascertained  (answer, p. 3) that the only difference is that4                                                                                                                  
                 Gonzalez lacks an auxiliary wheel assembly as set forth in                                                                             
                 claims 1, 17 and 25.                                                                                                                   


                          With regard to this difference, the examiner then                                                                             
                 determined (answer, p. 4) that                                                                                                         



                          4After the scope and content of the prior art are                                                                             
                 determined, the differences between the prior art and the                                                                              
                 claims at issue are to be ascertained.  Graham v. John Deere                                                                           
                 Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                                                                      







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