Appeal No. 1999-0614 Page 4
Application No. 08/804,410
cross sectional outer sections and smaller cross
sectional inner sections, said inner sections being
capable of being inserted into the opened spaces
between adjacent links of the existing chain link
plank support system; and
fastener means for mounting said mounting
members to said planks and the support system when
said mounting members inner sections are inserted
into the opened spaces formed between chain links
whereby said planks are held to existing support
system by the mounting members and fasteners means.
Turning first to the examiner's rejection of claims 7 and
2 through 4 as being unpatentable over Vise in view of Nugent,
the examiner's findings regarding the disclosure of Vise are
set forth on page 2 of the final rejection. The examiner's
position is that Vise discloses the invention as recited in
claim 7 except for the fence planks being formed of plastic
and having "upper slanted surface edges and vertical outer
surfaces that simulate the appearance of a wooden fence in
both surface grain and color" (see final rejection, page 2).
The examiner asserts, however, that it would have been obvious
"to modify the fence planks of Vise by forming them from
plastic, as taught by Nugent et al., in order to reduce the
overall weight of the fence assembly" (final rejection, page
3). The appellant's brief does not challenge this assertion
by the examiner.
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