Appeal No. 96-4018
Application 08/307,328
when the fastener is used, same as
appellant's extended arm. It is correct,
as pointed out by appellant, that [the]
Cummings fastener means is used to secure
railway-rails but its teachings can be
applied to other fields as well. Referring
now to Fig. 1 on appellant['s] Exhibit A,
the extended arm should be rotated 180
degrees and pointed toward the front
surface 18 of the housing. That would be
the logical orientation of the fastener
means because, as explained by Cummings,
the extended arm is a bridge member of
desired length used to rest upon the
surface of the rail when the fastener is
driven in. When use in combination with
Logsdon the arm must rest upon the housing.
The extension or length of said arm would
be, as stated by Cummings, of a "desired
length", consequently it can be extended to
bridge the front surface of the housing to
further secure the cleat shown by Logsdon.
Answer, pages 6 and 7.]
The examiner is simply in error in his findings as to the
manner in which the railroad spike of Cummings is used.
Cummings clearly states that the front face of the shank a
(immediately below the head) sweeps outwardly at a "to cause4
the spike in driving to hug the rail" (page 1, lines 61 and
62; emphasis ours). Cummings further states that the bridge
member c extends rewardly and has a flat underside so as "to
rest squarely upon the surface of the tie when the spike is
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