Appeal No. 2000-1833
Application 09/002,650
the complex modification advanced by the examiner which would
somehow incorporate into the rack shelf brackets (side wall
support members) and rods of the sort disclosed by Whitehead.
The only suggestion for combining these disparate devices so as
to arrive at the claimed invention stems from hindsight knowledge
impermissibly derived from the appellant’s disclosure.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of independent claims 1, 7 and 13, and
dependent claims 2 through 6, 8 through 12 and 14 through 19, as
being unpatentable over Adams in view of Whitehead.
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