Appeal No. 2001-1181
Serial No. 09/131,156
The examiner cites Shamie as evidence that it would have been
obvious to modify the frame of the Leader stroller 20 to fold
in the above-recited manner. We do not consider this
rejection to be well taken. While the Shamie patent discloses
an umbrella stroller for babies similar to that described on
pages 4 and 5 of appellant’s specification, the issue here is
whether it would have been obvious to modify the Leader
stroller 20 in view of the stroller disclosed by Shamie. We
do not consider that it would have been, because of the
presence of the support tray 19 in the
Leader stroller, which as shown is a solid piece of metal or
other strong material (col. 3, lines 30 to 32) extending
between the side members 6, 12. There is no comparable item
in the Shamie stroller, and it is not evident how the Shamie
stroller could be folded together as shown in Fig. 3 if such
an item were present, since, absent some further modification
not disclosed in the applied art, the side frames of Shamie
could not be collapsed toward each other. We therefore
believe that one of ordinary skill would not have viewed the
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