Appeal 2007-2121
Application 10/705,083
Anglea and thence modify the teaching of Smith by the teachings of these
references to arrive at the claimed invention.
The plain language of claims 1 and 9, with reference to Specification
Figs. 1, 2, 6, and 7, specifies the combination of an open-ended, hollow bore
tubular stake 31, comprising at least, among other things, a preformed
frusto-conical shaped reinforced top planar exposed end surface 39,46,48,50,
and shaft driver 52 which has, among other things, driver shoulder 54 and
extends through hollow bore 53 and further slightly from bottom end
opening 36 of the tubular stake, wherein top, planar end surface 48 of the
tubular stake receives drive shoulder 54 for driving the stake into the
surrounding terrain without the necessity of the user bending (see
Specification 8-10). Both the tubular stake and the driver are formed from a
lightweight synthetic which can be, among other things, “any suitable plastic
which can be injection molded” (Specification 8:5-6). Claim 9 adds any
manner of end cap of a filament bundle which can be frictionally retained in
the top end opening after the stake has been driven into the terrain, forming
any manner of “indicator flag” which can be used as any manner of “grade
marker” as specified in the preamble. Thus, the end cap bundle of filaments
can be held together in any manner and can be of any shape which fits in the
top end opening of the tubular stake (see Specification, e.g., 9:4-15). The
plain language of claim 14 specifies a method comprising the steps of,
among other things, providing a tubular stake and driver combination as also
specified in claims 1 and 9, and using the same with a hand tool to drive the
stake body into terrain.
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