Appeal 2007-0009
Application 10/345,461
1 Examiner turns to Bright for a suggestion of steel posts and rails, and turns
2 to Gerstner for a suggestion of abutting rails.
3 We reverse.
4 ISSUE
5 Has Appellant shown that the Examiner erred in holding that the
6 combined teachings and suggestions of Pettit, Bright, and Gerstner would
7 have suggested to an artisan the subject matter of claim 1?
8
9 FINDINGS OF FACT
10 Based upon a preponderance of the evidence, we make the following
11 findings of fact:
12 1. Appellant invented a fence having fence posts and fence rails made
13 of steel. (Specification 1).
14 2. The fence is designed so that all the rails may be pushed snugly
15 against each other in the in-line post. (Specification 3).
16 3. To prevent someone from stealing the rails by removing spacer 16
17 (Fig. 9), a post cap 18 is provided with a lock thereon.
18 (Specification 6).
19 4. Purely by way of example, the lock consists of a shaft 26 which
20 extends from the side of post 22 horizontally below the upper end
21 of the post. On the end of the shaft, a finger 28 having a hook 30 is
22 mounted. (Id.).
23 5. Pettit discloses that even though the parts have beveled end
24 portions for insertion into holes or other portions in an extremely
4
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013