Ex Parte Platt - Page 8




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

             claimed carriage on supporting member 6 and liftable mount 12 is incorrect, we                          
             nevertheless find that Abe discloses all the elements of these claims.  Specifically, Abe               
             discloses a vertical tower including a vertical elevator having a track 1a and a carriage               
             12 for movement along the track.  Abe also discloses a wind powered generator                           
             including airfoils 5 and an electric generator within the nacelle 2.  Finally, Abe discloses            
             that the wind powered generator can be removably placed within the mount 12 (placed                     
             on seat 15 to slide along rails 16) after the tower has been erected                                    





             and wherein the wind generator can be removed from the mount 12 after the carriage                      
             has been lowered.  Therefore, we agree with the examiner that the invention of these                    
             claims is fully met by the disclosure of Abe.                                                           
             Claim 19                                                                                                
             Appellant argues that Abe does not disclose a carriage having grooves [brief, page                      
             16].  The examiner’s rejection had indicated that the carriage 12 of Abe has protrusions                
             which  inherently include grooves in order to accept the strips 1a when the term grooves                
             is given its broadest reasonable interpretation [answer, page 13].  Appellant responds                  
             that the term groove as used in the claim is not a tubular passage in view of appellant’s               
             specification and as interpreted by one skilled in the art [reply brief, page 5].                       


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