Appeal No. 1999-1765 Page 10
Application No. 08/839,193
Nylund. Nylund shows, in Figure 3, a water rod that is
threaded over its entire length and having first and second
ends. An end cap 12 is attached to the water rod over at
least one of the first and second ends. Appellants argue in
their brief (Paper No. 23, p. 6) that “Nylund does not teach
each and every element of the claimed invention” and that
“Nylund lacks any teaching of a water rod having an end that
is directly threadedly attachable (our emphasis) to the tie
plate without an end plug and an end cap attached to the water
rod over the end.” We are not persuaded by this argument. In
that regard, our prior analysis and determination of the scope
of claim 1 has led us to conclude that claim 1 recites a water
rod assembly, wherein the water rod is “attachable to” a tie
plate, and has an end which “is extendible” through a tie
plate. We, like the examiner, believe that the water rod in
Nylund which is threaded throughout its entire length, has the
capability of being “directly threadedly attachable to” a tie
plate, and has an end which “is extendible” through a tie
plate a sufficient distance to allow the end cap to be
attached thereto. Since claim 1 on appeal is directed only to
the water rod assembly per se, and the claim is directly
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