Appeal 2007-2121
Application 10/705,083
a driver having a stepped cylindrical body including a drive shoulder
located along a length thereof between a drive end and an oppositely
arranged pointed end of the body;
wherein the stake body has a cylindrical sidewall portion which is
joined to the top end by a performed frusto-conical [sic] wall region which
also defines a top, planar exposed end surface, and wherein the planar
exposed end surface has an outer periphery, the outer periphery being of a
larger relative diameter than the diameter of the cylindrical sidewall portion
of the stake body, the top, planar exposed surface being selectively sized to
receive the driver shoulder of the pointed shaft driver for driving the stake
into the surrounding terrain;
wherein the top, planar exposed surface comprises a reinforced upper
end of the stake body, also integrally formed of the synthetic polymeric
material, for receiving impact forces from the driver;
wherein the stake body has a hollow interior bore which
communicates the top and bottom end openings, the interior bore being sized
to closely receive a portion of the cylindrical body of the driver with the
driver pointed end extending at least slightly from the bottom end of the
stake body, whereby the stake can be retained frictionally on the driver to
allow a user to drive a stake into the surroundings terrain without the
necessity of bending; and
wherein the top end opening of the stake body is also selectively sized
to receive an end cap of a filament bundle having associated stiff, resilient
strands, whereby the end cap is frictionally retained in the top end opening
after the driver has been used to drive the stake into the surrounding terrain,
whereby the filament bundle of stiff, resilient strands forms an indicator flag
when the end cap is seated within the top end opening of the stake body.
The Examiner relies on the evidence in these references:
Clarke US 2,049,105 Jul. 28, 1936
Selby US 2,649,009 Aug. 18, 1953
Gipp US 5,215,033 Jun. 1, 1993
Smith US 5,377,768 Jan. 3, 1995
Roger US 5,449,253 Sep. 12, 1995
Anglea US 6,142,882 Nov. 7, 2000
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