Appeal No. 2005-1395
Application No. 10/347,334
bridging pages 1 and 2 of Reply Brief). Appellant emphasizes
that "[n]owhere does Black teach or suggest unloading the tires
from the containers while the containers are in the trailer"
(page 6 of principal brief, second paragraph). However, we
concur with the examiner that Black's disclosure that the
containers "with tires in place may be moved to selected storage
areas" would have suggested to one of ordinary skill in the art
that the tires may also be removed while the container remains in
the vehicle (column 10, lines 7-8, emphasis added). Moreover, we
are utterly convinced that one of ordinary skill in the art would
have found it obvious to either remove the loaded containers from
the vehicle or, as presently claimed, remove the tires from the
containers while they are still in the vehicle. Also, we agree
with the examiner that Bennett evidences the obviousness of a
worker moving from one container to the other during the
unloading process. In our view, one of ordinary skill in the art
would have readily ascertained the option of leaving the
containers in the vehicle while removing the tires so that the
vehicle may return to the location of loading for additional
transportation of more tires.
Appellant maintains that "[t]here is no manually unloading
of all the cylinders from all the pallets while the pallets
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