Ex Parte Smith - Page 5




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

          facilitates transporting various items of cargo while being                 
          sufficiently lightweight and collapsible to be routinely stored             
          in an automobile trunk or other limited storage space.                      
               In proposing to combine Messier and Smith to reject claim              
          12, the examiner submits that                                               
               [b]ased on the teachings of Smith, it would have been                  
               obvious to one having ordinary skill in the art at the                 
               time the invention was made to modify the table of                     
               Messier to replace the means for attaching the handle                  
               to allow the handle to pivot more than 180 degrees from                
               an operative position to an inoperative position                       
               adjacent the underside of the table and a means for                    
               releasably locking the handle in the inoperative and                   
               operative position[s] to permit hidden stowage of the                  
               handle and to provide ease in transporting various                     
               items of cargo, while being sufficiently lightweight                   
               and collapsible to be routinely stored in an automobile                
               trunk or other limited storage space, as taught in                     
               Smith in column 1, lines 46-51 [answer, page 4].                       
               Given the relatively bulky and non-collapsible nature of               
          Messier’s main casing 10, however, the Messier table/wagon                  
          combination is not particularly amenable to hidden stowage of the           
          pull handle 36 adjacent the underside of the casing.  Moreover,             
          even if modified in view of Smith in the manner proposed, the               
          Messier combination would not be any more lightweight and                   
          collapsible than it already is, and hence would not be more                 
          readily stored in an automobile trunk or other limited space.               
          Furthermore, even as so modified, Messier’s table/wagon would not           
          have a handle whose operative position is above the top surface             

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