Ex Parte Cote - Page 8



          Appeal No. 2005-2398                                                         
          Application No. 09/899,029                                                   

               Here, the appellant does not dispute that Miyazaki teaches a            
          motor-assisted single-wheel cart5 having a frame, a load-carrying            
          box, first and second handlebars, an axle and a wheel, which are             
          connected in the claimed manner.  Compare the Answer with the                
          Brief and the Reply Brief in their entirety.  Rather, the                    
          appellant argues that the combined disclosures of Miyazaki and               
          Krauer would not have suggested employing the twist-type brake               
          control handle and drum brake assembly recited in claim 46.  See,            
          e.g., the Brief, pages 12-14.  We do not agree.                              
               As correctly found by the examiner (the Answer, pages 4-5),             
          Miyazaki teaches in relevant parts (column 11, lines 4-10 and                
          column 12, lines 13-28):                                                     
                    The first speed reduction mechanism 50 is provided                 
               with a brake mechanism 70 for braking the rotation of                   
               the middle shaft 54.  The brake mechanism 70 is                         
               constituted by a combination of a brake cover 71                        
               mounted to the lid 59 by a bolt B1 and a brake drum 77                  
               mounted to an end of the middle shaft 54, however, the                  
               detailed structure will be described with reference to                  
               FIG. 7.                                                                 
               ...                                                                     
                    FIG. 7 is an exploded perspective view which shows                 
               a brake mechanism 70 in the first speed reduction                       
               mechanism.                                                              
               5 According to Miyazaki (column 1, lines 5-17), its “invention relates generally to a
          single- wheel cart and, more particularly, to a motor-assisted single-wheel cart... A hand-pushed
          single-wheel cart, also called a wheelbarrow, is used at various places including construction
          spots...”                                                                    
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