Ex Parte Platt - Page 9




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

             We will sustain the examiner’s rejection of claim 19 as anticipated by Abe.  We agree                   
             with the examiner that the unnumbered protrusions shown in figure 3 of Abe, that grasp                  
             the                                                                                                     





             rails 1a, are part of the carriage and are grooves configured to accept the vertical strips             
             1a when the term “grooves” is given its broadest reasonable interpretation.                             
             Claim 24                                                                                                
             In addition to arguments considered above, appellant argues that Abe does not                           
             disclose a carriage including a pivot ring configured to accept a wind powered generator                
             therein [brief, page 16-17].                                                                            
             We will not sustain the examiner’s rejection of claim 24 as anticipated by Abe.  The                    
             carriage of Abe (mount 12) does not include a pivot ring.  The carriage as identified by                
             the examiner (mount 12 plus support member 6) is not properly identified as an elevator                 
             carriage for reasons discussed above with respect to claim 9.                                           
             We now consider the rejection of claims 18 and 19 as being anticipated by the                           
             disclosure of Willis.  The examiner has indicated how the invention of these claims is                  
             deemed to be fully met by the disclosure of Willis [answer, pages 4-5].  With respect to                
             claim 18, appellant argues that although Willis shows                                                   


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