Ex Parte Willis et al - Page 7




               Appeal No. 2004-2279                                                                           Page 7                   
               Application No. 10/151,263                                                                                              



                      Based on our analysis and review of Ammons and claims 5 and 6, it is our                                        
               opinion that the differences include the following: (1) a second ground engaging                                        
               battered leg having upper and lower ends; said upper ends of said first and second                                      
               battered legs being secured to said tower between the upper and lower ends of said                                      
               tower; (2) said second battered leg extending downwardly and outwardly from said                                        
               tower in a diverging relationship with respect to the first battered leg for anchored                                   
               ground engagement; and (3) a plurality of horizontally disposed braces secured to and                                   
               extending between said first and second battered legs.                                                                  


                       With regard to these differences, the examiner determined (final rejection, p. 3)                               
               that:                                                                                                                   
                               It would have been obvious to one having ordinary skill in the art at the                               
                       time the invention was made to design the tower as taught by Ammons and to                                      
                       provide the first and second battered legs engaging the ground and the braces                                   
                       connecting between the legs and the tubular member as taught by Haney et al.                                    
                       for the purpose of rigidly restraining the tower in place against the external forces                           
                       incurred by the tower or the turbine supported by the tower.                                                    
                               It would have been further obvious to one having ordinary skill in the art at                           
                       the time the invention was made to design the combined tower and to provide the                                 
                       first and second battered legs engaging the ground and the braces connecting                                    
                       between the legs as taught by Gomez De Rosas et al. for the purpose of                                          
                       providing an additional structural reinforcement to the tower without significantly                             
                       increasing the structure weight.                                                                                










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