Ex Parte Gawel - Page 1



         The opinion in support of the decision being entered today was not written for
                    publication and is not binding precedent of the Board           
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                   _____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                   _____________                                    
                             Ex parte THEODORE E. GAWEL                             
                                  ______________                                    
                                Appeal No. 2005-2163                                
                               Application 10/166,002                               
                                  ______________                                    
                                      ON BRIEF                                      
                                  _______________                                   
         Before OWENS, JEFFREY T. SMITH, and FRANKLIN, Administrative               
         Patent Judges.                                                             
         FRANKLIN, Administrative Patent Judge.                                     
                                 DECISION ON APPEAL                                 
              This is an appeal under 35 U.S.C. § 134 from the examiner’s           
         final rejection of claims 1-12.  Claims 13-23 have been allowed.           
              Claims 1, 2, 5, 6, and 9 are representative of the subject            
         matter on appeal and are set forth below:                                  
              1.  A shelf unit for use with a wire rack, said wire rack             
         having at least two parallel, spaced-apart support rods and a              
         plurality of parallel, spaced-apart, support wires fastened at             
         right angles to said support rods with adjacent, parallel,                 
         spaced-apart support rods and adjacent, transverse, parallel,              
         spaced-apart wires forming rectangular openings in said wire               
         rack; said shelf unit comprising:                                          








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