Appeal No. 98-1199
Application 08/380,112
a nonelected species, pursuant to 37 CFR 1.142(b).
Appellant’s invention relates to a penetration device
which is a mechanical fastener for piercing decks. A further
understanding of the invention can be derived from a reading
of claim 29, a copy of which appears in “APPENDIX A” of the
substitute brief (Paper No. 16).
As evidence of anticipation, the examiner has applied the
document specified below:
Lemke 4,834,600 May 30, 1989
Claim 29 stands rejected under 35 U.S.C. § 102(b) as
being anticipated by Lemke.
The examiner's rejection of claim 29 and response to the
argument presented by appellant can be found in the final
rejection and answer (Paper Nos. 12 and 17), while the
argument of appellant appears on pages 4 and 5 of the brief
(Paper No. 16).
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