Ex parte VALIULIS et al. - Page 2




          Appeal No. 98-1459                                         Page 2           
          Application No. 08/309,756                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a shelf divider.  An              
          understanding of the invention can be derived from a reading                
          of exemplary claim 1, which appears in the appendix to the                  
          appellants' brief.                                                          


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Gold                          4,595,105                     June            
          17, 1986                                                                    
          Breslow                  4,712,694                     Dec. 15,             
          1987                                                                        



               Claims 1 through 9 stand rejected under 35 U.S.C. § 103                
          as being unpatentable over Breslow in view of Gold.                         


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the examiner's answer (Paper                
          No. 12, mailed July 9, 1997) for the examiner's complete                    
          reasoning in support of the rejection, and to the appellants'               
          brief (Paper No. 11, filed April 4, 1997) and reply brief                   







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