Appeal No. 97-2222
Application 08/380,661
remaining in the application, stand allowed.2
The appellant’s invention pertains to a nail element
which is used for fastening together nailable building
components. Independent claim 12 is further illustrative of
the appealed subject matter and reads as follows:
12. A nail element comprising:
a plate-shaped body in a strip-form having head
end edges and lateral edges;
a plurality of elongated elements, wherein at
least a number of said plurality of elongated
elements are fixedly secured against the lateral
edges of the plate-shaped body at a point
located between opposite ends of said elongated
elements such that said elongated elements
sufficiently protrude from opposite surfaces of
said plate-shaped body to function as the nail
element.
The reference relied on by the examiner is:
Atwell 1,511,711 Oct. 14,
1924
Additional references relied on in this decision are:
Hallock (Hallock '967) 3,466,967 Sep. 16,
1969
Hill 3,950,816 Apr. 20,
Page 2 of the answer states that “claims 13 and 16 are allowable as2
amended in the Supplemental After Final Amendment.” By “Supplemental After
Final Amendment,” the examiner is apparently referring to the amendment filed
concurrently with the brief. We observe, however, that this amendment has
neither been given a separate paper number nor clerically entered.
2
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