Ex Parte SCHROEDER - Page 5




               Appeal No. 2002-1408                                                                                                   
               Application No. 09/228,076                                                                                             


               mast and mounting system, and that even if such were done it would not result in the                                   
               invention recited in claim 1.                                                                                          
                       QUIK SET discloses a retractable volleyball net that is suspended between two                                  
               masts (legs).  Although not shown in the drawing, it would appear that the masts are                                   
               attached in some fashion to an overhead structure, for it is stated that “you just push a                              
               button and the system lowers itself to the gym floor,” and then “just snap the tension                                 
               braces and you’re ready to play.”  As shown in the drawing and explained in the text,                                  
               “Rubber Pads are installed on bottom of the legs to completely protect your gym floor.                                 
               Won’t scratch or mar floor.”   It is clear that the QUIK SET legs are in contact with the                              
               floor when the net is in the play position, and therefore the structure fails to disclose or                           
               teach the limitation in the claim that “the system does not contact and is not secured to                              
               the floor.”  In addition, QUIKSET does not show or explain how the structure is                                        
               supported, and therefore does not disclose or teach the limitation in claim 1 that the                                 
               masts be “pivotally connected to an overhead structure to pivot about an axis parallel to                              
               the longitudinal axis of the net between a stored position and a play position.”                                       
                       Albach is directed to a basketball backstop supported by a frame B and a frame                                 
               brace C.  Frame B is pivotally attached to overhead rails D in such a manner as to be                                  
               lowered from a stored position where it is essentially parallel to the rails to a play                                 
               position where it is perpendicular thereto.  The components of the system do not                                       
               contact the floor.  Considering that the “net” in the Albach device is a basketball net, the                           








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