Ex Parte Young - Page 8

                Appeal 2007-0009                                                                                 
                Application 10/345,461                                                                           


           1    post cap.  However, from our review of the reference, we find that Cain                          
           2    describes a lock on a gate post, to prevent the gate from being opened, and                      
           3    does not describe a cap on the fence post, or that the lock is to prevent the                    
           4    fence rails from being stolen.  Accordingly, we find that the teachings and                      
           5    suggestions of Cain fail to make up for the basic deficiencies of the prior art                  
           6    applied against claim 1.                                                                         
           7                                      DECISION                                                       
           8           The Examiner's rejection of claims 1, 2, 4, and 5 under 35 U.S.C.                         
           9    § 103(a) is Reversed.                                                                            
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          11                                     REVERSED                                                        
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          17    vsh                                                                                              
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          22    William S. Dorman                                                                                
          23    830 Beacon Building                                                                              
          24    406 South Boulder                                                                                
          25    Tulsa OK 74103                                                                                   




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