Ex Parte HARVEY - Page 4



          Appeal No. 2001-2166                                                        
          Application 09/275,965                                                      

          flange 60 against the lower inclined slot edge 44 to resiliently            
          lock the holder to the slat-wall.                                           

               The examiner’s analysis as to how the limitations in                   
          appealed claims 1 through 12 read on the foregoing structure                
          disclosed by Hutchison appears in detail on pages 3 through 5 in            
          the answer.  For the most part, this analysis is well founded.              
               As framed by the appellant (see pages 6 and 7 in the brief),           
          the dispositive issue with respect to independent claims 1 and 7            
          is whether Hutchison meets the claim limitations requiring the              
          support member to exert pressure “against both of said upper and            
          lower surfaces of said slot.”  The examiner’s finding that the              
          three upper surfaces (43, 46 and 37) and the three lower surfaces           
          (44, undenoted and 39) extending between the opening and rear               
          surface 35 of Hutchison’s slot 34 collectively define a slot                
          “upper surface” and a slot “lower surface,” respectively, as                
          recited in claims 1 and 7 is eminently reasonable given the                 
          spatial relationships between these surfaces and the overall                
          configuration of the slot (see Figure 2b).  As Hutchison’s                  
          support member (merchandise holder 50) exerts pressure against              
          both of these “upper” and “lower” slot surfaces via flanges 60              
          and 64, the limitations in question find full response in the               

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