Appeal 2007-2121
Application 10/705,083
receiving and conveying an impact; a contacting and flaring portion 24
which contacts the upper edge of the tubular stake, flaring its upper edge
under force to the extent permitted by flare limiting stop 32; and flattening
wall member 25 with surface 26 for compressing material 16 through which
stake 14 is driven (id., col. 1, ll. 23-39, col. 2, l. 18, to col. 3, l. 2, and Figs.
1-4). We find no disclosure in Smith specifying the material used to form
the tubular stake and the driver. Smith discloses a method for using the
combination of tubular stake and driver tool by applying a striking force to
the head portion of the tool (col. 3, ll. 3-27, and Figs. 1-43). We determine
one of ordinary skill in this art would have reasonably inferred from Smith
that any suitable material can be used for the tubular stake and the driver,
and the striking force can be applied with a hand tool by a user without the
necessity for bending.2
We find Gipp would have additionally disclosed to one of ordinary
skill in this art a boundary marker which has base 10 with flange 16 which
provides “a wider drive surface” and pointed surface 18 for easy surface
penetration; post 22 attached to base 10 via spring 20; and flag 30
comprising a bundle of elongated plastic filaments 32 tightly bunched at one
end and either affixed to post 22 or forcefully inserted into top end opening
22b of axial bore 24b of post 22 of flexible boundary marker 10 to be
2 It is well settled that a reference stands for all of the specific teachings
thereof as well as the inferences one of ordinary skill in this art would have
reasonably been expected to draw therefrom, see In re Fritch, 972 F.2d
1260, 1264-265, 23 USPQ2d 1780, 1782-783 (Fed. Cir. 1992); In re Preda,
401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968), presuming skill on
the part of this person. In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774
(Fed. Cir. 1985).
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