Appeal No. 97-0374
Application 08/310,493
claimed invention over the display rack structure suggested by
the applied prior art. See In re Kuhle, 526 F.2d 553, 555,
188 USPQ 7, 9 (CCPA 1975). We further consider that this
position is bolstered by the disclosure in Murphy (column 3,
lines 18-30) wherein it is expressly noted that neither the
specific shape nor the specific dimensions of the posts
therein “are critical to the invention,” thus suggesting to
those of ordinary skill in the art that other configurations
of the posts, and by inference, the recesses which receive
those posts, would be acceptable and well within the skill of
the art. The only restriction on the shape of the posts in
Murphy is that they must be of uniform cross section
throughout so as to facilitate their formation by a continuous
extrusion process. A triangular shape, as well as a
square or a round shape would clearly permit such a formation
process.
Based on the foregoing, the examiner's rejection of
claims 6 and 7 under 35 U.S.C. § 103 relying on the teachings
6
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