Ex parte WARD et al. - Page 4




          Appeal No. 2000-0520                                                        
          Application No. 08/956,160                                                  


          respective positions of the appellants and the examiner with                
          regard to the merits of this rejection.                                     


                                     DISCUSSION                                       


               The admitted prior art railing assembly set forth in the               
          preamble of claim 9 does not meet the subsequently recited                  


          improvement limitations requiring first and second support                  
          brackets each including a base portion provided with an                     
          aperture, and an annular wall surrounding the aperture and                  
          extending from the base portion for receipt of one end of a                 
          reinforcing tube.                                                           
                                                                                     
               Katz discloses a support base or bracket 28 for a railing              
          post.  The bracket comprises a body portion 30 having an                    
          aperture (see Figures 4 and 5), with upstanding side wall                   
          portions 44, 46, 56 and 58 surrounding the aperture and                     
          defining a socket 60 for receiving the lower end of the post.               
          The side wall portions are orthogonally oriented to give the                
          socket a rectangular cross-section which is complementary to                
                                          4                                           





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