Appeal No. 2005-0516 Page 5
Application No. 10/199,803
The Admitted Prior Art discloses in Figure 5 a protective guard 52 mounted on a
chain link fence 20. As shown in Figures 2-4, the protective guard 52 is an extruded,
flexible, plastic tube that defines an interior space 58. The elongated tube 52 is
prepared for use as a protective guard atop a fence by making an elongated cut 60
extending between first and second ends 54, 56 of the protective guard 52. As noted
above, the elongated tube 52 is flexible so that the tube may be flexed apart at the cut
line 60 to provide an opening 62 so that the tube may be placed atop the fence 20. The
protective guard 52 is placed atop fence 20 including top support rail 38 by inserting top
support rail 38 through opening 62 and into interior space 58 of tube 52. The top
support bar 38 is inserted until it abuts against an interior top surface of tube 52.
Eisele's invention relates to embodiments of a new portable fence construction,
particularly one useful in sporting events, crowd control and in situations when a fence
is needed for a purpose that does not require, or permit permanent fencing. Eisele's
portable fence is durable, lightweight and easily transported, erected and dismantled. In
use, it will collapse upon impact, due to a break away, in the first embodiment, a joint
between the fence post and its supporting leg, and in the second embodiment a joint in
the supporting leg, yet in both embodiments the fence may be quickly and easily
re-erected.
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