Appeal No. 97-3068 Page 8
Application No. 08/389,904
location that is above the first row of laterally disposed
compartments.
With regard to this difference, the examiner determined
(answer, p. 5) that
[t]o provide a "compartment" (as disclosed) for each
spool would have been obvious to a person having ordinary
skill in the art seeking to protect each spool from the
environment (including from adjacent spools) or for
aesthetic purposes. However, it should also be noted
that "compartment" is merely defined as a "partitioned
space" which is shown by Byfield, Jr. since holes 13 for
the spindles are spaced apart by a predetermined space.
We do not agree for the reasons set forth below.
First, Byfield does not disclose a rack having the
recited compartments. While the rack of Byfield (see Figure
1) does define two compartments defined between the three
shelves 12, Byfield does not disclose a first row of laterally
disposed compartments and a second row of laterally disposed
compartments disposed at a vertical location that is above the
first row of laterally disposed compartments as recited in
claim 1. In that regard, claim 1 recites that each
compartment isolates each of the wire spools from all other
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