Ex Parte Platt - Page 7




             Appeal No. 2006-0848                                                                                    
             Application No. 09/981,231                                                                              

             than the examiner’s bare assertion, that the thrust bearing 17 of Abe is a pivot ring as                
             claimed.                                                                                                
             Claim 10                                                                                                
             Since claim 10 depends from claim 9, we also do not sustain the examiner’s rejection                    
             of claim 10 as anticipated by Abe.                                                                      
             Claims 18, 26 and 71                                                                                    
             Appellant argues that Abe does not disclose a wind powered generator that can be                        
             removably placed within a carriage and that can be removed from within a carriage.                      
             Appellant asserts that mount 12 in Abe does not have an area for accepting anything,                    
             much less the nacelle 2, the rotor head 4 or the rotor blade 5.  Appellant argues that                  
             since the examiner has identified mount 12 and supporting member 6 as the carriage,                     
             the carriage would have to be destroyed in order to remove the wind powered generator                   
             [brief, pages 14-15].                                                                                   




             The examiner responds that claim 18 does not require that the wind powered                              
             generator be removable without disassembling the carriage structure.  The examiner                      
             notes that Abe teaches that the nacelle may be replaced after being lowered to the                      
             tower bottom, which inherently involves replacing the generator [answer, pages 13-14].                  
             We will sustain the examiner’s rejection of claims 18, 26 and 71 as anticipated by                      
             Abe.  Although we agree with appellant’s argument that the examiner’s reading of the                    
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