Ex Parte Sadinsky - Page 2

                 Appeal 2007-0522                                                                                        
                 Application 10/723,817                                                                                  

                        Appellant's invention relates to a gate pole for a swimming pool fence                           
                 and the fence including the pole.  Claims 1 and 18 are illustrative of the                              
                 claimed invention, and they read as follows:                                                            
                        1.      A lightweight fence and gate for swimming pools surrounded                               
                 by a deck comprising a plurality of poles, the poles including an insert that is                        
                 contained within each pole and a pin that is fixedly attached to each insert,                           
                 the pin protruding from the bottom of each pole;                                                        
                        a mesh screen tensioned between the poles having top and bottom                                  
                 bindings;                                                                                               
                        a gate in the fence including a frame having a pair of spaced upright                            
                 support members, a first horizontal brace for spacing the upright support                               
                 members and a length of mesh screen tensioned between the upright support                               
                 members;                                                                                                
                        support means capable of withstanding lateral tension forces of the                              
                 screen for supporting and latching the gate;                                                            
                        hinges secured to the support means on one side of the gate; and                                 
                        a latch device secured to the gate and to the support means on the                               
                 opposite side of the gate;                                                                              
                        wherein the pins are adapted to be inserted into the pool deck adjacent                          
                 to the pool; and                                                                                        
                        wherein the pool deck has a plurality of sockets, each socket adapted                            
                 to receive one pin.                                                                                     
                        18. A gate pole comprising:                                                                      
                        a lower end;                                                                                     
                        an insert that is received within the lower end of the fence pole; and                           



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