Ex parte BIRGELIS - Page 5




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


               rear wall, top wall, and bottom wall.  The sidewalls                   
               each have slots integrally formed thereon defined by                   
               the spaces between shelf supports 20.  Thus defined,                   
               surface 22 is a bottom surface of said slot and                        
               supports any one of a variety of shelves.  Jenkins                     
               lacks slots which extend into the plane of the                         
               sidewalls away from the interior of the cabinet.                       
               Trevitt has a cabinet similar to the refrigerator                      
               cabinet of Jenkins in that it is designed to support                   
               a plurality of shelves.  Trevitt further teaches                       
               slots extending into the planes of the sidewalls of                    
               the cabinet for slidingly receiving and supporting                     
               the shelves.  It would have been obvious to have                       
               provided the slots of Jenkins extending into the                       
               plane of the sidewalls as taught by Trevitt instead                    
               of being provided by protruding ledges extending out                   
               of the plane of the sidewalls as provided by                           
               Jenkins, because doing so would have provided the                      
               advantage of additional insulating space in the                        
               liner of Jenkins between adjacent slots.  Regarding                    
               claims 1 and 16-17, Jenkins teaches limit means 45,                    
               47 in the slot comprising a protrusion which engages                   
               a protrusion on the shelf as shown in figures 6-10                     
               and which prevents a shelf from moving in at least                     
               one direction [final rejection, Paper No. 5, pages 2                   
               and 3].                                                                
               The examiner further explains that                                     
               to provide the shelf supports as slots extending                       
               into, or as ribs on, the plane of a sidewall is also                   
               a matter of design choice.  Furthermore, whether                       
               ribs are considered as spaces between slots or                         
               simply ribs on a sidewall becomes a matter of                          
               interpretation and may depend on the width of the                      
               ribs as compared to the width of the slots they                        
               define.  Therefore, it is considered obvious to                        
               apply the stronger motivation of broadening the                        
               surface on the liner between the slots of Jenkins to                   
               provide the advantage of more volume and insulation                    
               between the slots and between the cabinet and liner.                   
                                         -5-                                          





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