Appeal No. 96-2100
Application 08/149,844
this application, under 35 U.S.C. § 103 as obvious over the prior
art. We affirm-in-part.2
The claimed invention relates to a shelving construction for
use in a student’s school locker, as well as to a method of
placing a shelf in a locker. Claims 1 and 4 define these two
aspects of the invention as follows:
1. A method of placing a shelf in a storage compartment,
comprising the steps of:
providing a locker-style of storage compartment having
interior sidewalls;
selecting a pair of shelf members having opposed ends, the
distance between the opposed ends being substantially equal to
the distance between the interior sidewalls of the storage
compartment;
selecting a pair of support members having opposed ends, the
distance between the opposed ends corresponding to a desired
shelf height;
pivotally connecting adjacent opposed ends of the shelf
members and the support members to form a laterally unstable
collapsible parallelogram frame, [sic, ;]
A rejection of claim 6 under 35 U.S.C. § 112, second paragraph, found in the final Office2
action has not been repeated in the examiner’s answer. Apparently the examiner considers this
rejection to have been overcome by the “amendment” included in the copy of claim 6 as
reproduced in the appendix to the brief. We note that the record does not show that this
amendment has been formally presented or entered. Nevertheless, because the examiner has
indicated that the correct reading of the claims is that which is found in the appendix to the brief,
we shall treat the reading of claim 6 in the brief as being the correct one for purposes of deciding
this appeal.
2
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