Appeal No. 98-1459 Page 6
Application No. 08/309,756
arm having a downwardly facing snap clip and finger so that
upon downward movement of the divider arm the snap clip and
finger of the divider arm engages the pair of upwardly opening
channels or clips of the rail. It is our opinion that these
limitations are not suggested by the applied prior art. In
that regard, while Breslow does disclose a shelf divider
having an elongated rail (15) having a pair of channels (24
and 26) and an elongated divider arm (35) having branches (40
and 42) which snap-fit into the channels (24 and 26), Breslow
does not teach or suggest an elongated rail having a pair of
upwardly opening channels and an elongated divider arm having
a downwardly facing snap clip and finger so that upon downward
movement of the divider arm the snap clip and finger of the
divider arm engages the pair of upwardly opening channels or
clips of the rail. To supply these omissions in the teachings
of Breslow, the examiner made determinations (answer, pages 3-
4) that these difference would have been obvious to an artisan
based upon the teachings of Gold. However, it is our view
that this determination of the examiner has not been supported
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