Ex Parte LUNDGREEN et al - Page 5




          Appeal No. 2003-1327                                                        
          Application 09/375,713                                                      


          feet (143 of Figs. 9 and 13) projecting downwardly from a base              
          (119) and a pair of wheels (133) arranged in relation to the                
          stabilizer feet so that the wheels do not contact the floor when            
          all of the feet are engaging the floor and wherein a pair of said           
          feet are disposed forwardly of the wheels to act as a fulcrum               
          (Fig. 13).                                                                  


          Based on the combined teachings of Donovan and Amstutz, the                 
          examiner has concluded that it would have been obvious to one of            
          ordinary skill in the art at the time appellants’ invention was             
          made to provide Donovan with the floor-engaging stabilizer feet             
          and raised transport wheels of Amstutz, “because the stabilizer             
          feet help provide a more stable working position for the device,            
          wherein the feet prevent the device from moving when movement is            
          not desired” (answer, page 4).                                              


          Appellants assert (brief, pages 7-12) that the examiner has                 
          failed to establish a prima facie case of obviousness, because              
          there would be no reason or motivation for one skilled in the art           
          to combine Amstutz with Donovan since the Donovan device is made            
          for mobility, and already has a means for moving the tractor tire           
          transport holder from one location to another, i.e., the castors            
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