Appeal No. 97-2222
Application 08/380,661
from also being “fixedly secured.” In this regard Atwell,3
while stating that the extremities (i.e., the lateral edges)
of the bars 5, 6 (i.e., plate-shaped bodies) are only “lightly
secured” to the nails 1 and 2, further states that these bars
or plate-shaped bodies (1) serve to hold the two elongated
elements or nails together during initial driving until such
time that the bars or plate-shaped bodies come into contact
with the shingles or sheathing into which they are being
driven and (2) upon further driving, the bars or bodies are
broken away, thus allowing the elongated elements or nails to
become fully seated (see page 1, lines 95-105; page 2, lines
18-31). Clearly, bars or bodies which are sufficiently
“secured” to hold the elongated elements or nails together
during initial driving and only “break away” when the bars or
bodies contact the surface of the article into which the nails
are being driven, can be considered to be “fixedly secured” as
broadly claimed.
In view of the foregoing, we will sustain the rejection
The American Heritage Dictionary, Second College Edition, 1982,3
Houghton Mifflin Company, Boston, MA, defines “fix” as -- b. To make fast to;
attach --.
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