Appeal 2007-0522
Application 10/723,817
prior art poles to be able to use the smaller holes in the deck. As to claims 9,
13, 17, and 24, adhesive and screws are well recognized equivalent ways of
fastening. Therefore, it would have been obvious to substitute adhesive for
the screws of the admitted prior art poles when used in Sadinsky's fence.
Accordingly, claims 9, 13, 17, and 24 would have been obvious over
Sadinsky in view of APA.
Regarding claim 6, Appellant does not specify what type of plastic
was used as the insert for the swimming pool fence poles. However, since
PVC or polyvinylchloride is known to be a sturdy, weather resistant type of
plastic, it would have been obvious to the skilled artisan to select PVC as the
plastic for the pole inserts. Accordingly, claim 6 would have been obvious
over Sadinsky in view of APA.
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