Ex Parte Wing et al - Page 2

               Appeal 2006-3342                                                                            
               Application 10/195,217                                                                      

           1          1.     A shelf for use in a refrigerator having a refrigerated                       
           2          compartment with opposite side walls, a rear wall, a top wall, and a                 
           3          bottom wall, the shelf comprising:                                                   
           4          a pair of support brackets extending forwardly from the rear wall;                   
           5          a shelf member slidably mounted on the brackets for forward and                      
           6                rearward movement between extended and retracted positions;                    
           7          the shelf member having a molded perimeter edge with a pair of                       
           8                sockets in a rear portion of the perimeter edge; and                           
           9          a rear wall member having a pair of legs adapted for receipt in the                  
          10                sockets such that the wall member extends upwardly from the                    
          11                rear portion of the shelf member.                                              
          12                                                                                              
          13          The Examiner rejected claims 7, 8, 11, 12, 14-17, 20 and                             
          14   22 under 35 U.S.C. § 102(e) as anticipated by Mahone.                                       
          15          The Examiner rejected claims 15-17, 22 and 23 under 35 U.S.C. §                      
          16   102(e) as being anticipated by Di Girolamo.                                                 
          17          The Examiner rejected claims 1-6 under 35 U.S.C. § 103(a) as                         
          18   unpatentable over Fish in view of Mahone.                                                   
          19          The Examiner rejected claims 10, 13, 19 and 21 under 35 U.S.C. §                     
          20   103(a) as being unpatentable over Mahone.                                                   
          21          The Examiner rejected claims 19 and 21 under 35 U.S.C. § 103 as                      
          22   being unpatentable over Di Girolamo.                                                        
          23          The prior art relied upon by the Examiner in rejecting the claims on                 
          24   appeal is:                                                                                  
          25          Fish                    US 5,813,741             Sep. 29, 1998                      
          26          Mahone                  US 6,138,583             Oct. 31, 2000                      
          27          Di Girolamo              US 6,310,294 B1          Oct. 30, 2001                      
          28                                                                                               
          29          Appellants contend that Mahone does not disclose a refrigerator shelf                
          30   and that Mahone does not disclose a rear wall member but rather a front wall                


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