Appeal No. 1997-2273
Application No. 08/320,585
warehouse or other large facility, there is no
suggestion that single switches be somehow removed
from these devices and incorporated into shelves on
particular dispensing units.
In summary, the obviousness rejection is reversed because the 3
examiner “is using hindsight to judge the obviousness of the
present invention” (Brief, page 11).
DECISION
The decision of the examiner rejecting claims 31 through
53 under 35 U.S.C. § 103 is reversed.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
KENNETH W. HAIRSTON ) APPEALS
Administrative Patent Judge ) AND
3The declaration submitted by John Higham was not
considered because a declaration submitted "after the case has
been appealed will not be admitted without a showing of good
and sufficient reasons why they were not earlier presented."
See 37 CFR § 1.195. A mere statement by the appellant (Brief,
page 11) that "the Declaration was not made earlier because
all supporting materials were not available" can not take the
place of such a showing.
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