Appeal 2006-3342
Application 10/195,217
1 The fifth issue is whether the Appellants have shown that the
2 Examiner erred in holding that Mahone is analogous art.
3 The last issue is whether the Appellants have shown that the Examiner
4 erred in holding that it would have been obvious to form the rear wall
5 member of the Fish/Mahone shelf by molding and so as to be 1½ inches tall.
6
7 FINDINGS OF FACT
8 Mahone discloses a shelf which includes a pair of support brackets 70
9 and a shelf member 90 mounted on the support brackets 70 (Figs. 1 and 1A).
10 A wall member 95 has a pair of legs which are mounted in a socket 94 in
11 shelf member 90 (Fig. 14). The Mahone shelf is capable of being placed in a
12 refrigerator in any orientation including one in which the wall member 95 is
13 in the rear of the refrigerator and therefore forms a rear wall. During
14 assembly of the shelf system disclosed in Mahone the shelf member is slid
15 into place on the brackets 70 (Fig. 1A). Mahone is reasonably pertinent to
16 the problem of keeping items from falling off a shelf (Mahone, col. 19, ll. 8-
17 17).
18 Di Girolamo discloses a rack for cable management. While the Di
19 Girolamo rack may be placed within a refrigerator, the rack is not adapted to
20 be mounted within a refrigerator.
21 Fish discloses refrigerator shelf 46 including a pair of support brackets
22 50 extending forwardly form the rear wall of the refrigerator (Fig. 1). The
23 shelf 46 is slidably mounted on the brackets for forward and rearward
24 movement between an extended position and a retracted position. The shelf
25 46 has a molded perimeter edge and a rear wall member 138 which extends
26 upwardly from the rear portion of the shelf 46 to keep items placed on the
4
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