Ex Parte RICKER - Page 3



          Appeal No. 2002-2143                                                        
          Application No. 09/482,038                                                  
               Attention is directed to the brief (Paper No. 10) and answer           
          (Paper No. 11) for the respective positions of the appellant and            
          examiner regarding the merits of this rejection.2                           
                                     DISCUSSION                                       
               Kelly, the examiner’s primary reference, discloses a solar             
          panel and wind turbine assembly 1 which includes a horizontal               
          open framework 2, solar panels 3 containing solar cells 4 carried           
          on the framework, vertical posts 5 supporting the framework above           
          a surface (e.g., a roof) and vertical wind turbines 6 rotatably             
          mounted on the vertical posts.  Each turbine consists of a vaned            
          rotor 6a, a fairing hood 6b and a generator housing and drive               
          assembly 6c.  Of particular interest in this appeal is the                  
          relationship between the vane rotors and the vertical posts:                
                    The vaned rotor consists of a top and bottom rotor                
               disc, along with two intermediate discs, as four                       
               identical rotor discs 6d.  The four, or more, discs 6d,                
               are slotted to retain the flat, thin vertical vanes or                 
               blades 6e, of the vaned rotor 6a.                                      
                    Since the vaned rotor 6a, is slotted to facilitate                
               assembly, orbiting ball bearings 6f, must be utilized                  
               to allow the rotor to spin freely on the vertical                      
               support posts 5.                                                       
                    The orbiting ball bearings 6f, at the top and                     
               bottom of the vaned rotor 6a, will be positioned on the                
               rotor discs 6d, by the bearing 6g.                                     

               2 The final rejection (Paper No. 7) contained an additional            
          rejection under 35 U.S.C. § 112, second paragraph, which was                
          subsequently withdrawn by the examiner (see page 2 in the                   
          answer).                                                                    
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