Ex Parte Smith - Page 3




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

               Claims 13, 14 and 16 stand rejected under 35 U.S.C. § 103(a)           
          as being unpatentable over Messier in view of Smith and Griffith.           
               Attention is directed to the brief (Paper No. 11) and answer           
          (Paper No. 12) for the respective positions of the appellant and            
          examiner regarding the merits of these rejections.                          


                                     DISCUSSION                                       
               Messier, the examiner’s primary reference, discloses a                 
          combination picnic table and wagon comprising a main casing 10,             
          castors 17 attached to the bottom 16 of the casing, extension               
          leaves 23 and 24 hinged to the top of the casing for defining,              
          with the upper surface of the casing, a table top, legs 31 hinged           
          to the bottom corners of the casing for supporting the casing in            
          an elevated position, a pull handle 36 hinged to a bracket 35               
          mounted on the bottom of the casing, and a clip on the front of             
          the casing for holding the pull handle in an adjacent stowed                
          position.                                                                   
               The examiner concedes (see page 3 in the answer) that                  
          Messier’s table/wagon combination does not respond to the                   
          limitations in independent claim 12 requiring (1) a means for               
          pivotably attaching the handle to the table which allows the                
          handle to rotate more than 180° to an inoperative position                  


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