Appeal No. 1999-2368 Page 9
Application No. 08/771,018
skilled in the art to have mounted the filing cabinet of Clark
to an outer surface of a wall member.
The rejection utilizing Yang as the primary reference
We will not sustain the rejection of claims 1, 3, 5 and 6
under 35 U.S.C. § 103 as being unpatentable over Yang in view
of Spertus, Donle and Cornelius.
This rejection utilizing Yang as the primary reference is
based on the examiner's determination (final rejection, p. 4)
that the only differences between Yang and claim 1 were that
Yang "does not teach a plurality of photographic insert sleeve
members disposed on the panels and that the device is attached
to a wall." The appellants have contested this determination
of the examiner. Specifically, the appellants argue (brief,
p. 7) that "Yang fails to conceal the picture storage area and
displays the top picture being stored."
We find ourselves in agreement with the appellants'
position in this matter. In that regard, it is clear to us
that Yang's leaves 2 (including the top leave) would be
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