Appeal No. 2001-1181
Serial No. 09/131,156
folding mechanism of Shamie as being applicable to the
stroller of Leader; in other words, that Shamie would not have
taught one of ordinary skill to make the Leader stroller
foldable in the manner shown by Shamie and recited in
independent claims 12 and 15.
The rejection of claims 8 to 13, 15 and 16 therefore will
not be sustained.
Rejection Pursuant to 37 CFR 1.196(b)
Pursuant to 37 CFR 1.196(b), claims 13, 14 and 16 are
rejected as unpatentable for failure to comply with the
written description requirement of 35 U.S.C. § 112, first
paragraph. These claims each recite “whereby the upper
section of the pet
kennel can be removed from the lower section and placed in the
stroller to provide an open-topped travel bed for a pet.”
This language finds no support in the application as filed,
since there is no disclosure that the upper section (cover 36)
of the kennel 12 is used to provide a travel bed. Rather, as
shown in Figs. 2 and 7 and described in the specification at
7
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