Ex parte BAUMSTEIGER - Page 4




          Appeal No. 2001-1181                                                        
          Serial No. 09/131,156                                                       


          used would obviously have to be one which would have a bottom               
          “sized to fit and rest on the base frame members,” as recited               
          in claim 14, in that it would obviously have to be of a size                
          to fit the base frame member, i.e., support tray 19, of the                 
          Leader stroller 20.                                                         
               The examiner’s reference to pivotal connections concerns               
          the recitation in claim 14 that the stroller has                            


               a frame comprised of a series of structural frame                      
               members including base frame members and side frame                    
               members which are pivotally connected together to be                   
               erected as the stroller and which permit folding                       
               together into a compact configuration for carrying                     
               or storage when the stroller is not in use, . . .                      
               [emphasis added].                                                      
          Although, as noted above, Leader discloses that the stroller                
          20 can be made foldable for easy storage and transportation,                
          there is no express disclosure that any of its frame members                
          are pivotally connected together.  Nevertheless, we consider                
          that it would have been obvious to one of ordinary skill in                 
          the art that in order to apply Leader’s teaching of making the              
          stroller foldable, some of its frame members would necessarily              
          have to be pivotally connected to each other.  Appellant                    
          argues that Leader does not show an umbrella stroller, and                  
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