Ex parte SELLS - Page 11




          Appeal No. 96-3745                                                          
          Application 08/269,916                                                      


          (inactive) position to its closed (active) position, but is a               
          member urged toward its active position under the pressure of               
          the wind.                                                                   





               In summary, this panel of the board has:                               

               reversed the rejection of claims 1, 3, and 12 under 35                 
          U.S.C. § 112, second paragraph, as being indefinite; and                    

               affirmed the rejection of claims 1 and 12 under 35 U.S.C.              
          § 103 as being unpatentable over Sells in view of Garries.                  

               The decision of the examiner is affirmed-in-part.                      

                                  AFFIRMED-IN-PART                                    


                                                       )                              
                         IRWIN CHARLES COHEN                )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JAMES M. MEISTER              )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
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