Appeal No. 97-2222 Application 08/380,661 remaining in the application, stand allowed.2 The appellant’s invention pertains to a nail element which is used for fastening together nailable building components. Independent claim 12 is further illustrative of the appealed subject matter and reads as follows: 12. A nail element comprising: a plate-shaped body in a strip-form having head end edges and lateral edges; a plurality of elongated elements, wherein at least a number of said plurality of elongated elements are fixedly secured against the lateral edges of the plate-shaped body at a point located between opposite ends of said elongated elements such that said elongated elements sufficiently protrude from opposite surfaces of said plate-shaped body to function as the nail element. The reference relied on by the examiner is: Atwell 1,511,711 Oct. 14, 1924 Additional references relied on in this decision are: Hallock (Hallock '967) 3,466,967 Sep. 16, 1969 Hill 3,950,816 Apr. 20, Page 2 of the answer states that “claims 13 and 16 are allowable as2 amended in the Supplemental After Final Amendment.” By “Supplemental After Final Amendment,” the examiner is apparently referring to the amendment filed concurrently with the brief. We observe, however, that this amendment has neither been given a separate paper number nor clerically entered. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007