Appeal No. 1998-0234
Application No. 08,406,752
must agree with appellant that the examiner has failed to
establish a prima facie case of obviousness and has engaged in
a hindsight reconstruction of appellant's claimed subject
matter. While Kornelson discloses an attention-attracting,
lighted price-ticket holder and display device for mounting
beneath a supermarket display shelf, we do not see that the
mere existence of lights used on a display device of the
particular type shown in Kornelson would have provided any
suggestion or motivation to one of ordinary skill in the art
to modify the very different deflectable, pivotally mounted
display apparatus of Boggess in the manner urged by the
examiner so as to provide lights on the frame (16) therein, a
source of power carried adjacent to the bracket assembly (18)
and electrical conductors somehow spanning the deflection
joint or yieldable coupling between the bracket assembly and
the frame.
Like appellant, we view the examiner's position regarding
the combination of Boggess and Kornelson as being based on an
improper "obvious to try" rationale relying on the general
concept of lighting a display of one kind or another for the
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