Ex Parte Bertolini - Page 2




          Appeal No. 2004-2059                                                        
          Application No. 10/278,725                                                  


          placed thereon and are attached with fasteners.  Appellant’s                
          decking tile comprises a plurality of portions arranged in an               
          array and connected to adjacent portions by membranes that may be           
          severed so that one or more of the portions may be removed.  This           
          allows flexibility in the design of a completed deck comprising a           
          plurality of interconnected decking tiles because the individual            
          decking tiles can be customized to accommodate different room               
          shapes and sizes and circumscribe pipes and the like.  A further            
          understanding of the invention can be derived from a reading of             
          exemplary claim 1, which reads as follows:                                  
                    1.   A decking tile divided into a plurality of                   
               portions arranged in an array, said portions being connected           
               to each adjacent portion by a membrane adapted to be                   
               severable, each portion being removable from said tile upon            
               severing of the membranes connecting it to the other                   
               portions, each portion arranged to receive at least two                
               fasteners to secure a slat thereto, wherein said at least              
               two fasteners can engage a slat positioned to any side of              
               said tile.                                                             
               The references applied by the examiner in the final                    
          rejection are:                                                              
          Boyd                          5,263,289             Nov. 23, 1993           
          Hayashi                    JP 1-275802 A            Nov.  6, 1989           
          (published Japanese Kokai Patent Application)                               





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