Appeal No. 2005-2174
Application No. 10/060,614
which the item can be found” (column 1, lines 13-17). The apparatus achieves this
objective by projecting from the shelf into the adjacent aisle so as to be in the direct
view of customers approaching from either direction (see column 1, lines 33-53; column
2, lines 12-21; and column 3, lines 47-66). According to Boggess, this orientation of the
display is more effective than one in which the display lies across the front of a shelf
(see column 1, lines 33-36).
The display apparatus 10 shown in Figures 1-6 comprises a bracket assembly 18
adapted to be removably connected via a mounting clip 82 to a strip of shelf tag molding
12 on the front margin of a shelf 14, a frame 16 extending outwardly from the bracket
assembly into the aisle, advertising placards 22 removably held within the frame, and
stub shafts 30 and 32 and coil springs 52 and 54 pivotably mounting the frame to the
bracket assembly. The springs bias the frame to a position extending perpendicularly
from the shelf into the aisle while allowing it to be temporarily deflected or pivoted if
struck by a customer or shopping cart.
The display apparatus 210 illustrated in Figures 7-15 is similar in many respects
to the display apparatus 10. In this regard, it includes a bracket assembly 18, a
mounting clip 82, a frame 216, stub shafts 230 and 232 and a leaf spring 52a. One
difference is that the frame 216 is constructed to hold sheets of promotional material
that can be sequentially accessed and removed from the frame by customers (see
column 8, line 66, through column 9, line 28).
It is not disputed that one or both of the display embodiments disclosed by
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