Appeal No. 2004-1098
Application No. 09/658,278
THE PRIOR ART
The references relied on by the examiner to support the
final rejection are:
Marcus 2,736,225 Feb. 28, 1956
Legler et al. (Legler) 6,155,524 Dec. 5, 2000
THE REJECTIONS
Claims 16, 17 and 19 through 21 stand rejected under 35
U.S.C. § 103(a) as being unpatentable over Marcus.
Claim 18 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Marcus in view of Legler.
Attention is directed to the brief (Paper No. 14) and answer
(Paper No. 15) for the respective positions of the appellant and
examiner regarding the merits of these rejections.
DISCUSSION
According to the examiner (see page 3 in the answer), Marcus
discloses an instrument hand cart which meets all of the
limitations in independent claim 16 except for those requiring
(1) the base plate to define a longitudinal channel proximate
each of its four corners and (2) each of the lower standard ends
to be positionable along a channel wherein the channel is
dimensioned to receive a screw for adjustably mounting the
standard along the length of the channel at selective positions
3
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