Ex parte KING - Page 8




          Appeal No. 2001-1637                                                        
          Application No. 08/800,052                                                  

               Furthermore, there is nothing in Dahme’s disclosure of a               
          display counter 60 having a wall member 72 which would have                 
          suggested adding such a wall member adjacent, and to the rear               
          of, Myslinski’s back panel 58.  The examiner has not cogently               
          explained, nor is it apparent, why a person of ordinary skill               
          in the art seeking more storage shelf space would turn to such              
          a wall member instead of simply expanding the storage shelf                 
          space afforded by Myslinski’s shelves 60.  Moreover, disposing              
          a wall member adjacent, and to the rear of, Myslinski’s back                
          panel 58 would obstruct, and therefore render useless, the                  
          access openings 78 in the back panel, and would not result in               
          the particular bin and access opening arrangement specified in              
          claims 1, 10 and 15.                                                        
               Similarly, there is nothing in Boutin’s disclosure of a                
          play tray 16 having a play sheet 18 attached thereto which                  
          would have suggested adding a like play surface to the top 52               
          of the Myslinski cabinet.  The height of the cabinet and its                
          intended use for stereo equipment refute the examiner’s                     
          conclusion that this modification would have been obvious to                
          provide a specific play surface for a child.                                



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