Appeal No. 2005-2503
Application No. 10/393,662
central portion cannot be attached to the base with a screw that
is not within the central portion.
We disagree with appellants that the definition of the word
"attach" requires that the central portion of the fence can only
be attached to the base via a screw or the like located in the
central portion. Rather, we concur with the examiner that when
the central and end portions of the fence are part of the same
body, the central portion, and all portions, of that same body
will be attached to the base when a screw attaches any part of
the fence to the base. We agree with the examiner's example that
"[i]f two boards are attached with nails on edge portions of the
boards, it cannot be reasonably said that only the edge portions
of the boards are attached" (page 4 of Answer, last paragraph).
Rather, "[t]he other portions of the boards are also attached by
the nails" (id.). Furthermore, as explained by the examiner, the
central portion of Bergler's fence is not limited to the recess
area 41 but can be reasonably said to extend to any portion of
the fence inwards from the outer edge. Moreover, even
considering appellants' more limited definition of the word
"attach," appellants have not explained how any portion of
Bergler's fence moves after it is secured by the screws. Also,
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