Appeal No. 96-4044
Application 08/396,253
Appellant’s invention relates to a plastic fencing
structure of the type having a plurality of openings 6. In
appellant’s invention as defined in claim 34 (the only
independent claim on appeal), a plastic reflective tape strip
means 2 having a water resistant pressure sensitive adhesive
backing 8 is disposed on one side of the fence and is adhered
through the openings in the fence to a plastic backing strip
means 9 on the other side of the fence. Claim 34 further recites
that the reflective tape has a width between edges which is less
than the height of the openings in the fence, that the edges of
the reflective tape lie within the height of the openings and 3,
that substantially the entire surface area of the reflective tape
overlying the openings is adhered to the backing strip.
A copy of the appealed claims is appended to appellant’s
brief.
The following references are relied upon by the examiner
as evidence of obviousness in support of his rejections under 35
U.S.C. § 103:
3 This feature is shown in Figure 2 of the original drawings to satisfy
the description requirement in the first paragraph of 35 U.S.C. § 112, but is not
described in the specification as required in 37 CFR §§ 1.71, 1.75(d)(1).
2
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