Appeal No. 99-0618 Page 6
Application No. 08/797,496
Gebka discloses a price channel (10') for placement in
the C-channel (18) of a steel merchandise shelf. As
illustrated in Figures 7 and 8, the merchandise shelf is
provided with a regular array of holes.
In rejecting the claims, the examiner concedes that
Celeste does not disclose at least one slot in the shelf
protector (9) or a regular array of holes in the shelf (13)
(answer, page 5). The examiner's position is that shelves
having an array of holes provided therein were well known in
the art at the time of appellant's invention, as illustrated
by Gebka, and that, in view of the teachings of Gebka, it
would have been obvious to modify the shelf of Celeste by
placing an array of holes in the shelf to allow for easy
attachment of the protector and other articles to
the shelf (answer, page 5). Further, the examiner asserts:
The idea of making openings in the form of
slots for the purpose [of allowing] an
article to be adjusted is well known in the
art. It would have been obvious to one in
the art to modify Celeste by making the
openings in the form of slots since this
would allow the extender (9) to be adjusted
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