Appeal Number: 2006-1404
Application Number: 09/571,803
extending from at least two locations is disclosed by van Berkel
(figure 3, element 29).
For the above reasons we affirm the rejection of claims 1,
2, 7, 9, 13, 17, 19 and 21 over Cantatore in view of van Berkel
and Walker.
Claims 4 and 16
The examiner argues that “[i]n Cantatore et al, the area
between the wedge shape and the rectangular shape of the leg to
which the handle is attached is deemed to define a recess”
(answer, page 25). Claims 4 and 16, however, require a recess
in the tray body, not the handle. The examiner has not
explained how Cantatore, van Berkel and Walker would have fairly
suggested that claim requirement to one of ordinary skill in the
art.
Hence, we reverse the rejection of claims 4 and 16 over
Cantatore in view of van Berkel and Walker.
Claims 5, 26 and 30
The examiner asserts that Cantatore modified by van Berkel
and Walker would have rendered obvious a handle that extends
generally vertically between at least two locations at which it
is attached to the tray, but the examiner provides no
explanation as to why or how one of ordinary skill in the art
16
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