Ex Parte Smith - Page 4




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

          adjacent the underside of the table and (2) a means for                     
          releasably locking the handle in an operative position.  Implicit           
          in this concession is that the Messier combination also fails to            
          respond to the related limitations in the claim requiring (3) the           
          operative position to be above the top surface of the table and             
          (4) a spring clip located on the underside of the table to secure           
          the handle in the inoperative position.  To cure these                      
          shortcomings, the examiner turns to Smith.                                  
               Smith discloses “a collapsible cart for use in moving                  
          miscellaneous items of cargo” (column 1, lines 6 and 7).  The               
          cart 10 includes a floor panel 12, side panels 14 and 16 and end            
          panels 18 and 20 pivotally connected to the floor panel, wheels             
          22 attached to the bottom of the floor panel, and a tow                     
          bar/handle 24 pivotally connected to brackets 34 and 36 affixed             
          to the bottom of the floor panel for movement between an upright            
          ready position (see dotted lines 24a in Figure 1) and a stowed              
          position beneath the floor panel (see Figure 2).  The tow                   
          bar/handle can be locked in the upright ready position by the lug           
          and keyway structure shown in Figures 3 through 5 and in the                
          stowed position by the clip 60 shown in Figure 2.  Smith teaches            
          (see column 1, lines 46 through 51) that the subject cart                   
          fulfills the need for a collapsible transport cart that                     


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