Ex parte EBERLE, III - Page 2




          Appeal No. 2001-0217                                                        
          Application No. 09/186,741                                                  

               18.  An anchoring biscuit device for joining three                     
          boards, which comprises:                                                    
               (a) a first substantially flat horizontal top element                  
          having a generally biscuit-shaped top view configuration with               
          opposite side walls in the shape of arcs from a top view, said              
          arcs having predetermined radii and arc lengths, said top                   
          element having a center area between said opposite side walls               
          in the shape of arcs;                                                       
               (b) at least two substantially vertical support members                
          attached to an underside of said top element at said center                 
          area of said top element and extending downwardly therefrom                 
          for a predetermined length to maintain said top element in a                
          predetermined position during use for joining two adjacent                  
          boards which have been pre-cut with biscuit receiving slots,                
          two of said at least two vertical support members being                     
          substantially flat, being in the same plane and one of each                 
          being located on opposite sides of an attachment orifice; and,              
               (c) at least one attachment orifice located at least on                
          said top element for attachment of said anchoring biscuit                   
          device to a support board for anchoring and support of said                 
          two adjacent boards.                                                        

                                   THE PRIOR ART                                      
               The references relied on by the examiner as evidence of                
          obviousness are:                                                            
          Ellinwood                          2,362,252                Nov.            
          7, 1944                                                                     
          Bischof                       5,529,428                Jun. 25,             
          1996                                                                        
          Wothe                         372,483           Mar. 28, 1923               




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