Ex parte KELLY - Page 4




          Appeal No. 97-0374                                                          
          Application 08/310,493                                                      


          recesses/sockets (50) and the spacer columns or posts (25-27)               
          of Murphy to be of a triangular configuration, without any                  
          express reason or motivation in the cited Murphy reference for              
          such a modification.  In appellant’s view, the examiner has                 
          not                                                                         




          provided the factual predicate necessary to establish a prima               
          facie case of obviousness.  We do not agree.                                

               In considering the limitation regarding the triangular                 
          shape of the recesses in the lower end of the pillars and of                
          the posts in appellant’s claim 6, the examiner has noted that               
          appellant’s specification merely describes these elements of                
          the invention as “triangular” without any reason given for                  
          this particular shape or any indication that such a shape                   
          solves a particular problem associated with the display rack                
          therein.  Given the lack in appellant’s own disclosure of any               
          criticality concerning this specific shape of the recesses and              
          the posts, the examiner has concluded that making the shape of              
          the recess in the lower end of the pillars and of the posts in              

                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007