Ex parte MCALLISTER - Page 2




          Appeal No. 2000-0514                                                        
          Application No. 09/063,446                                                  


          since withdrawn the rejection of dependent claim 4 which now                
          stands objected to as depending from a rejected base claim                  
          (see page 2 in the examiner's answer, Paper No. 8).                         
          Accordingly, the appeal as to claim 4 is dismissed, leaving                 
          for review the standing rejection of claim 3.                               


                                   THE INVENTION                                      


               The invention relates to "an adjustable shelving                       
          assembly, and more particularly to an assembly that includes                
          horizontally and/or angularly mounted shelving without the                  
          need for dismantling the overall assembly when additional                   
          shelving is desired" (specification, page 2).  Claim 3 reads                
          as follows:                                                                 


               An adjustable shelving assembly comprising a plurality of              
          vertically oriented support posts, at least one shelf                       
          retaining collar releasably secured to each post, each collar               
          having an open front face constructed and arranged for                      
          placement of the collars around the vertical support posts,                 
          each shelf retaining collar having a frusto-conical interior                
          surface, an interconnecting split sleeve between each collar                
          and post, the split sleeve having an interior surface                       
          releasably connected to the support post and an exterior                    
          surface having a frusto-conical configuration complementary to              
          the interior frusto-conical surface of the collar, a pair of                
                                          2                                           





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