Appeal No. 2005-0516 Page 10
Application No. 10/199,803
Claims 3 to 6, 11 and 14 to 16
The decision of the examiner to reject dependent claims 3 to 6, 11 and 14 to 16
under 35 U.S.C. § 103 is reversed for the reasons set forth above with respect to claim
1.
Claims 7 to 10, 12 and 17 to 19
We have also reviewed the references to Giannelli, Demarest and Allen
additionally applied in the rejection of dependent claims 7 to 10, 12 and 17 to 19 but find
nothing therein which makes up for the deficiencies of the Admitted Prior Art and Eisele
discussed above with respect to claim 1. Accordingly, the decision of the examiner to
reject dependent claims 7 to 10, 12 and 17 to 19 under 35 U.S.C. § 103 is also
reversed.
Claim 20
We will not sustain the rejection of claim 20 under 35 U.S.C. § 103.
Claim 20 reads as follows:
A combination including a protective guard securable over an upper edge
of a fence comprising:
said fence including a top support bar;
said protective guard including an elongated, flexible tubular member
having first and second ends, an outer surface, an inner surface defining an
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