Appeal No. 2001-2166
Application 09/275,965
reference. The appellant’s contention that “once merchandise is
hung from [Hutchison’s] support arm 56, no pressure is exerted on
lower surface 44 by the holder 50" (brief, page 6) has no basis
in fact and is not commensurate with the scope of claims 1 and 7
which make no mention of merchandise hung from the support
member.
Accordingly, we shall sustain the standing 35 U.S.C.
§ 102(b) rejection of claims 1 and 7 as being anticipated by
Hutchison.
We also shall sustain the standing 35 U.S.C. § 102(b)
rejection of claims 3, 5, 6, 9, 11 and 12 as being anticipated by
Hutchison.
Claims 3 and 9 depend from claims 1 and 7, respectively, and
require the upper and lower slot surfaces to converge toward the
slot opening. Claims 5 and 11 depend from claims 1 and 7,
respectively, and require the upper and lower slot surfaces to
face the rear slot surface. Notwithstanding the appellant’s bald
assertions to the contrary (see page 7 in the brief), Hutchison’s
“upper” and “lower” slot surfaces converge toward the slot
opening by virtue of their inclusion of inclined inlet edges 43
and 44, and face the rear slot surface by virtue of their
inclusion of upper and lower interior surfaces 46 and undenoted.
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