Ex Parte Smith - Page 2




          Appeal No. 2004-0697                                                        
          Application No. 09/950,535                                                  

          and an inoperative position” (specification, page 1).                       
          Representative claim 12 reads as follows:                                   
               12.  The combination of a pivotal handle and a wheeled food            
          service table comprising:                                                   
               a table having a top surface, an underside, and a plurality            
          of wheels attached to said underside of said table;                         
               a handle;                                                              
               means for pivotably attaching said handle to said table,               
          said means for attaching being secured to said table adjacent an            
          edge thereof and said means for attaching allowing said handle to           
          rotate more than 180° from an operative position above said top             
          surface of said table to an inoperative position adjacent said              
          underside of said table;                                                    
               a spring clip located on said underside of said table away             
          from said means for attaching, said clip adapted to secure said             
          handle to said underside of said table in said inoperative                  
          position; and                                                               
               means for releasably locking said handle in said operative             
          position.                                                                   

                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Griffith                2,571,442            Oct. 16, 1951                  
          Messier                 2,603,500            Jul. 15, 1952                  
          Smith                   4,856,810            Aug. 15, 1989                  

                                  THE REJECTIONS                                      
               Claim 12 stands rejected under 35 U.S.C. § 103(a) as being             
          unpatentable over Messier in view of Smith.                                 

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