Ex Parte BRUNSDEN - Page 5



          Appeal No. 2000-1833                                                        
          Application 09/002,650                                                      

               one or more towels to be placed thereupon in the same                  
               manner as the user would place one or more towels on                   
               the bar of the conventional barred towel holder.  Each                 
               support portion is formed by a 90 degree bend of the                   
               rod in a first plane, wherein a first section ends at a                
               first curve formed in the rod in a second plane                        
               orthogonal to the first plane which bends toward the                   
               bar portion preferably between 90 and 180 degrees, a                   
               second curve formed in the rod which bends in the                      
               second plane away from the rod portion preferably just                 
               under about 90 degrees, a second section, and a third                  
               curve formed in the rod which bends in the second plane                
               toward the bar portion preferably between 90 and 180                   
               degrees.  Each arm portion is connected with a                         
               respective third curve, and terminates in an end                       
               segment upturned in the second plane.                                  
                    In operation, the auxiliary towel rack is placed                  
               onto a bar of a conventional barred towel holder,                      
               whereupon the inside radius of the first curve rests                   
               upon the bar of the conventional barred towel holder                   
               and the outside radius of the third curve abuts the                    
               wall.  In such position, the bar portion is located                    
               spaced outwardly from and below the bar of the                         
               conventional barred towel holder in an orientation                     
               parallel thereto.  Further, each of the arm portions                   
               are oriented substantially perpendicular to the wall                   
               [column 1, line 52, through column 2, line 13].                        
               As implicitly conceded by the examiner (see page 4 in the              
          answer), the Adams auxiliary towel rack differs substantially               
          from the portable shelf set forth in independent claims 1, 7 and            
          13, failing as it does to respond to the various claim                      
          limitations pertaining to the rods and brackets.  The examiner’s            
          reliance on Whitehead to overcome these deficiencies is not well            
          founded.                                                                    

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