Ex Parte Young - Page 2

                Appeal 2007-0009                                                                                 
                Application 10/345,461                                                                           


           1           Appellant invented a fence where the fence posts and fence rails are                      
           2    made of steel. (Specification 1).  The fence is designed so that all the rails                   
           3    may be pushed snugly against each other in the in-line post. (Specification                      
           4    3).  To prevent someone from stealing the rails by removing spacer 16                            
           5    (figure 9), a post cap 18 is provided with a lock thereon. (Specification 6).                    
           6           Claim 1 is representative of the invention and reads as follows:                          
           7           1.  An interlocking and anti-theft steel fencing system                                   
           8           comprising a plurality of tubular steel posts vertically supported                        
           9           from a ground and horizontally spaced and a plurality of                                  
          10           horizontal tubular steel rails connected between the posts, at                            
          11           least one of the posts being an in-line post, the in-line post                            
          12           being provided with opposite vertical side portions, the in-line                          
          13           post having openings on one side portion and openings on an                               
          14           opposite side portion for receiving therein the ends of rails                             
          15           which connect to the in-line post, the openings being of                                  
          16           essentially the same shape as the outside shape of the horizontal                         
          17           rails but being slightly larger to permit canting of the ends of                          
          18           the rails in the openings, the rails being fitted into the in-line                        
          19           post so that the rails coming in from opposite sides of the in-                           
          20           line post through the openings are in abutting relation within                            
          21           the in-line post, at least one of said posts constituting an end                          
          22           post, the end post having openings along one side surface                                 
          23           portion only of the end post for receiving therein the ends of                            
          24           rails connected to the end post, the openings on the end post                             
          25           being of the same shape and slightly larger than the outer                                
          26           periphery of the rails connecting into the end post, the end post                         
          27           having its rails extending inwardly less than the full width of                           
          28           the end post, a vertical spacer extending essentially the full                            
          29           height of the end post between the ends of the rails and the                              
          30           inside portion of the end post opposite from the openings                                 
          31           therein, a post cap received over the top of the end post when                            
          32           the spacer is in position; and means for locking the post cap                             
          33           securely in place on the top of the end post.                                             
          34                                                                                                     

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Last modified: September 9, 2013