Ex parte BIRGELIS - Page 2




          Appeal No. 96-1441                                                          
          Application 08/096,458                                                      


          19 and 20, the only other claims pending in the application,                
          stand withdrawn                                                             


          from consideration pursuant to 37 CFR § 1.142(b) as being                   
          directed to non-elected species.                                            
               The subject matter on appeal relates to “an appliance                  
          having one or more shelves supported by an interior liner of                
          the  appliance” (specification, page 1).  Claim 1 is                        
          illustrative and reads as follows:                                          
               1.   A liner for a cabinet of a refrigeration device                   
          comprising:                                                                 
               a pair of substantially planar parallel sidewalls, a rear              
          wall, a top wall and a bottom wall integrally forming an                    
          interior of the refrigeration device;                                       
               said sidewalls each having at least one slot integrally                
          formed therein supporting at least one shelf therein such that              
          said shelf is supported in a horizontal plane by a bottom                   
          surface of at least one of said slots, each of said at least                
          one slots extending into a plane of the sidewalls away from                 
          the interior of the refrigeration device; and                               
               a limit means in each of said slots preventing said shelf              
          supported on said bottom surface from moving in at least one                
          direction.                                                                  
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Trevitt                  115,542                  May  30, 1871             
                                         -2-                                          





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