Appeal No. 2003-1271 Page 7
Application No. 08/901,713
1983), cert. denied, 469 U.S. 851 (1984). It follows that we cannot sustain the
examiner's rejections of claims 1 to 31.
REMAND
We remand the application to the examiner for further consideration of the
patentability of claims 1 to 31. Specifically, the examiner should determine whether or
not claims 1 to 31 are patentable under 35 U.S.C. § 103 over the teachings of Lindsay
combined with the teachings of U.S. Patent No. 5,209,3841 to Anderson2 taking into
account the evidence of non-obviousness of record in the application.3 The teachings
of Lindsay have been set forth above. Anderson's invention relates to a portable kit
which enables an individual to transport a complete set of hand tools with relative ease
and convenience. More particularly, Anderson's invention relates to a portable tool kit
with a plurality of vertically oriented tool storage compartments, each compartment
being configured with tool holders of varying configurations so that once tools are
placed in their appropriate holder they will remain in place until they are needed by the
operator. Each tool storage compartment has a separate sealing device. Anderson
teaches (column 5, lines 59-64) that
1 Issued May 11, 1993.
2 Copy attached.
3 See the Declarations of Gary Cohen and Andrea F. Bell filed on January 7, 2002 and the
declaration of George Millican, Jr. filed on March 23, 2001.
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