Appeal No. 99-0618 Page 5
Application No. 08/797,496
claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the
examiner. As a consequence of our review, we make the
determinations which follow.
We shall not sustain the rejection of claims 2, 5, 6 and
15 under 35 U.S.C. § 103 as being unpatentable over Celeste in
view of Gebka.
Celeste discloses a shelf protector (9) having a top
surface (9a) and an overhanging lip (10) extending downwardly
from the front edge of the top surface supporting a tag
assembly (33) (Figure 5). The disclosed purpose of the shelf
protector is to protect a merchandise-supporting shelf (13),
which is provided with a merchandise information tag strip
(17) (column 1, lines 23 through 32). As seen in the Figure 5
embodiment, the tag assembly comprises an elongated strip (32)
provided with upper and lower supporting lips (32a, 32b) for
retaining a merchandise information tag (31). Celeste
discloses that the shelf protector "is removable and may be
secured in place by fastening members 5 such as screws"
(column 2, lines 14 and 15).
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