Ex Parte Pestrue - Page 8



                 Appeal No. 2006-0376                                                                                 
                 Application No. 09/971,866                                                                           

                 teaches a gas grill.                                                                                 
                        The examiner finds that Harneit teaches using wheels on a gas grill and                       
                 that Harneit provides the suggestion to use the wheels on Reynolds “for the                          
                 purpose of making the apparatus readily portable.”  See page 5 of the answer.                        
                 We agree with the examiner’s reasoning.  Harneit teaches a portable gas grill.                       
                 See abstract.  Further, Harneit teaches using wheels on the legs of the grill                        
                 cabinet “to allow the cabinet to be moved to any location desired.”  See Harneit                     
                 column 4, lines 6-7.  Thus, we find that Harneit provides both teaching of using                     
                 wheels on the cabinet, thereby making the cabinet a cart, and provides the                           
                 suggestion to use the wheels.  We are not persuaded by appellant’s argument                          
                 that Reynolds’ use of leveling means detracts from modifying the device to use                       
                 wheels. Leveling means and wheels serve two different functions (leveling and                        
                 increased mobility), which are not contradictory.  Thus, we do not find that one of                  
                 ordinary skill in the art would consider a teaching that includes leveling means to                  
                 preclude addition of wheels.  Accordingly, we consider the examiner to have                          
                 presented ample evidence of obviousness and sustain the examiner’s rejection                         
                 of claim 1.                                                                                          







                                                          8                                                           







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007