Ex Parte Petrozziello - Page 11




               Appeal No. 2005-0516                                                                      Page 11                  
               Application No. 10/199,803                                                                                         



                      interior space and an elongated opening extending between said inner and outer                              
                      surfaces and said first and second ends, wherein said elongated, flexible tubular                           
                      member is securable over said top support bar of said fence;                                                
                              first and second attachment flanges integrally formed with said elongated                           
                      member on opposite sides of said elongated opening, wherein said first and                                  
                      second attachment flanges are adapted for engaging opposite sides of said                                   
                      fence when said protective guard is secured atop said top support bar of said                               
                      fence; and                                                                                                  
                              at least one securing element engaging said first and second attachment                             
                      flanges and passing through said fence for securing said protective guard to said                           
                      fence.                                                                                                      


                      The applied prior art does not suggest the claimed subject matter of claim 20 for                           
               the reasons set forth above with respect to claim 1.  Accordingly, the decision of the                             
               examiner to reject claim 20 under 35 U.S.C. § 103 is reversed.                                                     


               Claims 21 to 24                                                                                                    
                      The decision of the examiner to reject dependent claims 21 to 24 under                                      
               35 U.S.C. § 103 is reversed for the reasons set forth above with respect to claim 20.                              

















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