Appeal No. 2004-0356
Application 09/811,993
temporary deflections should passersby inadvertently strike the
display with a shopping cart and thus deflect it from its usual
orthogonal position relative to the shopping aisle (col. 3, lines
54-66). A principal objective of the display apparatus in
Boggess is to attract a customer’s attention to a featured item
at a location on a shelf as the customer approaches the area of
the shelf where the item can be found and thereby focus attention
on the featured item in an attempt to influence the customer’s
purchase decision at the earliest possible time. Like appellant,
Boggess discusses the fact that advertising signage mounted
across the front of a store shelf (i.e. parallel to the shopping
aisle) is out of direct view of approaching customers and thus is
less effective than an advertising display apparatus like that
described in Boggess extending perpendicular to the shopping
aisle which is visible from the time a customer enters the aisle
(col. 1, lines 33-36).
The advertising display apparatus of Boggess includes a
clamp or mounting clip (82) by which the apparatus is releasibly
attached to a shelf tag molding (12) at a merchandise storage
site along a shopping aisle; an advertising carrier or frame (16)
disposed at a distal portion of the apparatus; advertising
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