Appeal No. 2005-2398
Application No. 09/899,029
limitations of the base claim and any intervening claims. We
have jurisdiction pursuant to 35 U.S.C. § 134.
APPEALED SUBJECT MATTER
The subject matter on appeal is generally directed to a
braking apparatus and more particularly directed to a wheelbarrow
braking apparatus. See claims 31, 46 and 47. Further details of
the appealed subject matter are recited in representative claims
31, 46 and 47 which are reproduced below3:
31. Braking apparatus comprising a braking mechanism
including a brake, a twist-type handle and a brake cable
connecting the twist-type handle and the brake, wherein the
handle is twistable to a plurality of positions for controlling
speeds of movement of vehicles coupled to the braking mechanism.
46. Wheelbarrow braking apparatus for controlling speed of a
wheelbarrow comprising a wheelbarrow having a frame, a load-
carrying box connected to the frame, first and second handlebars
connected to the frame, an axle connected to the frame and a
wheel on the axle, and further comprising a drum brake assembly
having a brake drum on the wheel and a pair of spring-loaded
brake shoes mounted inside the brake assembly for braking the
wheel, a twist-type brake control handle mounted on one end of
the first handlebar, a brake control bar connector connected to
the brake shoes, and a control cable coupling the brake control
bar connector and the twist-type brake control handle for
activating the brake shoes and controlling movement of the
wheelbarrow.
3 We will address the claims on appeal individually to the extent that the appellant has
provided substantive arguments for his separate patentability consistent with 37 CFR
§ 1.192(c)(7) (2003) and 37 CFR § 41.37(c)(1)(vii)(2004). See also In re McDaniel, 293 F.3d
1379, 1384, 63 USPQ2d 1462, 1465-66 (Fed. Cir. 2002).
2
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