Ex parte SHEAHAN - Page 3




          Appeal No. 98-1199                                                          
          Application 08/380,112                                                      







                                       OPINION                                        


               In reaching our conclusion on the anticipation issue                   
          before us, this panel of the board has carefully assessed                   
          appellant’s specification and claim 29, the patent to Lemke,                
          and the viewpoints of appellant and the examiner,                           
          respectively.  As a consequence of our review, we make the                  
          determination which follows.                                                


               We reverse the rejection of claim 29.                                  


               As disclosed by appellant (specification, pages 5 and 6),              
          the diameter of the cutting point for a self-tapping screw,                 
          the shank diameter, and the thread diameters can be adjusted                
          to allow an opening between the hole in the deck and the shank              
          of the screw to allow passage of limited amounts of water and               
          air.  Self-tapping screws are called piercing screws, owing to              
          the fact that they do not usually require pre-drilled holes                 
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