Appeal No. 2004-0356
Application 09/811,993
The invention also addresses a method of advertising products
(i.e., point-of-purchase advertising) utilizing a deflectable,
lighted merchandising display like that described above.
Independent claims 61 and 74 are representative of the subject
matter on appeal and a copy of those claims may be found in the
Appendix to appellants’ brief (Paper No. 19).
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Sernovitz 4,317,303 Mar. 2, 1982
Boggess et al. (Boggess) 4,805,331 Feb. 21, 1989
Claims 61 through 67, 69 through 72 and 74 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Boggess in
view of Sernovitz.
Rather than reiterate the examiner's full statement of the
above-noted obviousness rejection and the conflicting viewpoints
advanced by the examiner and appellant regarding the rejection,
we make reference to the examiner's answer (Paper No. 20, mailed
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