Appeal No. 2000-0513
Application 08/803,047
Thurman discloses a merchandising unit
comprising: a front wall (8) and a writing surface
(7) extending therefrom; a dispenser (12); a
collection bin (11); a pair of slidably mounted
display sections (14) which allow access to a
storage area therebetween; a display tower (1); and
a slot (13) for receiving cards [answer, page 4].
The examiner’s finding here that Thurman’s vertical rack
member 7 meets the limitations in independent claims 1 and 16
relating to the “writing surface” under principles of
inherency is clearly unreasonable.
Therefore, we shall not sustain the standing 35 U.S.C.
§ 102(b) rejection of claims 1 and 16, or of claims 9, 11,
14, 24 and 26 which depend therefrom, as being anticipated by
Thurman.
III. The 35 U.S.C. § 103(a) rejection of claims 5, 6, 20 and
21 as being unpatentable over Fry.
Claims 5 and 6, which depend ultimately from claim 1, and
claims 20 and 21, which depend ultimately from claim 16,
further define the display tower recited in their respective
10
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