Ex parte VALIULIS - Page 3




          Appeal No. 2000-1665                                                        
          Application 08/752,529                                                      


               exchangeable, by merchandising personnel as the facts and              
               circumstances to be displayed change from time to time.                

          Claims 1 and 23 are representative of the subject matter                    
          on appeal and a copy of those claims can be found in the                    
          Appendix to appellant's brief.                                              




          The prior art references of record relied upon by the                       
          examiner as evidence of obviousness of the claimed subject                  
          matter are:                                                                 
          Thalenfeld et al. (Thalenfeld) 4,718,626          Jan. 12, 1988             
          Petrou                             5,628,858      May  13, 1997             
          (filed May 18,                                                              
          1995)                                                                       


               As indicated in the seven rejections set forth on pages                
          4-9 of the examiner’s answer, the claims before us on appeal                
          stand provisionally rejected under the judicially created                   
          doctrine of obviousness-type double patenting as being                      
          unpatentable over various claims of copending Application No.               
          08/940,859 taken further in view of Thalenfeld and Petrou, or               


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