Appeal No. 2005-2174
Application No. 10/060,614
THE INVENTION
The invention relates to “lighted merchandising display devices for advertising
purposes . . . in mercantile establishments such as grocery stores, supermarkets,
discount centers, and the like” (specification, page 1). Representative claim 61 reads
as follows:
61. An assembly comprising:
a proximal portion adapted to be connected to a shelf along an aisle in a retail
store;
a distal cantilevered portion carrying illumination and extending into the aisle;
an intermediate portion allowing the distal portion to deflect in respect to the
proximal portion;
promotional printed matter pertaining to one or more products removably carried
by the distal cantilevered portion.
THE EVIDENCE
The items relied on by the examiner as evidence of obviousness are:
Sernovitz 4,317,303 Mar. 02, 1982
Boggess et al. 4,805,331 Feb. 21, 1989
(Boggess)
The items relied on by the appellant as evidence of non-obviousness are:
The 37 CFR § 1.132 Declaration of Randy B. Reynolds filed January 29, 2002
(Reynolds I)
The updated 37 CFR § 1.132 Declaration of Randy B. Reynolds filed January 29, 2002
(Reynolds II)
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