Ex parte LIPPS - Page 4




          Appeal No. 1997-2273                                                        
          Application No. 08/320,585                                                  


          specified inventory of items” (column 1, lines 56 through 64).              
          As with Colson, the examiner acknowledges (Answer, page 4)                  
          that “Kimbrow does not specifically disclose the appellant’s                
          placement of the switches horizontally as disclosed by the                  
          appellant.”  The examiner concludes (Answer, page 4), however,              
          that “it is well known in the art to place switches in an                   
          optimal location,” and that “[i]t would have been obvious to                
          one of ordinary skill in the art at the time of the invention               
          to employ switches horizontally because this allows for easy                
          eye hand coordination in inventory control.”                                
               Although the examiner does address the employment of                   
          “switches horizontally,” he never presents any rationale for                
          mounting such “switches horizontally” in shelves of a cabinet.              
          Accordingly, we agree with the appellant (Brief, page 8) that:              
               [N]one of the art cited by the Examiner discloses                      
               the incorporation of switches into shelves, much                       
               less that the switches and associated storage                          
               locations be laid out in a way where one switch lies                   
               adjacent each storage location.  Moreover, appellant                   
               believes that there would be no incentive in either                    
               Colson ‘297, Kimbrow ‘910, or generally in the art,                    
               which would suggest the claimed combination.  Colson                   
               ‘297 specifically teaches that a stand-alone                           
               keyboard which is not associated with any particular                   
               storage location be used for inputting all required                    
               inventory data.  While Kimbrow suggests that                           
               separate inventory devices may be distributed in a                     
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