Ex Parte Conroy - Page 9



          Appeal No. 2004-2214                                                        
          Application No. 10/068,983                                 Page 9           

          substantially parallel to a wall plane in which the rack is at              
          least partially recessed.                                                   
               Coglin shows a prior art partially recessed storage cabinet            
          (rack) for storing household items thereon.  In addition, Borgen            
          evidences that it was known prior to the time of the present                
          invention to store bottles on a rack or shelf in vertical or                
          horizontal positions.  Moreover, appellant acknowledges at page 1           
          of the specification that it was well known to store a bottle of            
          wine on the side thereof to keep the cork in contact with the               
          wine.  Based on those facts, it would have been obvious to one of           
          ordinary skill in the art at the time of the invention to use a             
          recessed cabinet, such as disclosed by Coglin for storing a                 
          bottle on the side thereof in a position as called for in                   
          representative claim 28.  This is especially so because Coglin              
          (column 2, lines 27-31) teaches that the recessed cabinet can be            
          located in a kitchen, garage, dining room, etc. for storing                 
          household items.  That disclosure coupled with the known storing            
          of sealed bottles on the side thereof would have reasonably                 
          suggested the claim 28 bottle storage method to one of ordinary             
          skill in the art with a reasonable expectation of success in so             
          doing.                                                                      







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