Appeal No. 98-1199
Application 08/380,112
for use because they pierce the metal deck of the roof and
make their own hole for entry. The self tapping
characteristics of the screw mean they can be installed in one
operation.
Claim 29 is drawn to a penetrating device which is a
mechanical fastener for piercing decks comprising, inter alia,
a screw having a driveable head, a piercing lower end, at
least one opening extending from the piercing lower end to a
point short of the driveable head, with the piercing lower end
being a self tapping screw point having a cutting edge.
As perceived by the examiner (final rejection, page 2),
Fig. 2 of the Lemke document shows a lower end being a screw
point with a cutting edge. Further, the examiner explains
that, as the edges of slot 28 are capable of cutting, each
edge is qualified as a cutting edge (final rejection, page 2
and answer, page 4).
Appellant, on the other hand, argues that “[n]owhere in Lemke
is it taught to have a self tapping screw point having a
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Last modified: November 3, 2007