Appeal No. 2004-0356
Application 09/811,993
(25) on the display device may be any suitable light source, but
are preferably low-voltage lamps which produce negligible heat,
and further indicates that the circuit components for the lights
may include timing circuitry for blinking the light elements on
and off (col. 2, lines 39-43).
Based on the collective teachings of Boggess and Sernovitz,
the examiner has concluded that it would have been obvious to one
of ordinary skill in the art at the time of appellant’s invention
to modify the apparatus of Boggess by including lights and a
source of electrical power on the carrier frame (16) of the
display apparatus therein, as generally taught by Sernovitz,
since this would allow the display apparatus of Boggess to emit a
flashing, attention-grabbing visual display and thereby better
attract customer attention to a featured item located along a
store aisle as the customer approaches the area of a shelf on
which the featured item is stored.
We concur in the examiner’s assessment of obviousness of the
claimed subject matter under 35 U.S.C. § 103(a) based on the
combined teachings of Boggess and Sernovitz. Unlike appellant,
we are of the opinion that the examiner has clearly established a
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