Ex parte BRADY et al. - Page 5




          Appeal No. 1999-0523                                                        
          Application 08/797,523                                                      



          11 must be reversed.  We also reverse each of the respective                
          rejections of appellant’s claim 7 and claims 8 and 9 under 35               
          U.S.C. § 103                                                                
          since the additionally applied Halstrick and Ferdinand patents              
          are not seen to overcome the deficiency of the Cohen refer-                 
          ence.                                                                       


                               REMAND TO THE EXAMINER                                 
                    We remand this application to the examiner to con-                
          sider the patentability of the claimed subject matter under 35              
          U.S.C.  § 102(b) and 35 U.S.C. § 103 based upon the teaching                
          of Gasner (U.S. Patent No. 3,510,010), of record in the appli-              
          cation, alone and/or in combination with other known prior                  
          art.  As can be                                                             


          discerned from a review of the Gasner patent (Fig. 2), this                 
          document fairly teaches, inter alia, a post 10 including a                  
          wing portion 22 (shoulder) projecting from a front face 18                  
          (side wall) of the post, with a slot 30 in the wing portion                 
          (shoulder).                                                                 

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