Ex parte MCALLISTER - Page 4




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


                                     DISCUSSION                                       


               Nicely, the examiner's primary reference, discloses an                 
          adjustable shelving assembly comprising a plurality of                      
          vertical support posts 12, at least one shelf retaining collar              
          in the form of a strap 16 releasably secured to each post and               
          having an open front face (see Figure 4), a tapered (i.e.,                  
          frusto-conical)  interior surface 34 and a pair of integral                 
          tapered flanges 32 extending outwardly from the open front                  
          face, a split sleeve 18 between each collar and post and                    
          having an interior surface releasably connected to the post                 
          and an exterior surface with a tapered (i.e., frusto-conical)               
          configuration complementary to the interior frusto-conical                  
          surface of the collar, and shelving 11 interacting with the                 
          tapered collar flanges via tapered slots 45 in corner pieces                
          17.                                                                         


               As conceded by the examiner (see page 4 in the answer),                
          Nicely's shelving assembly does not meet the limitation in                  
          claim 3 requiring "a pair of upwardly extending shelf                       
          supporting hooks on each collar integral with the collar and                
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