Ex Parte SCHROEDER - Page 8




               Appeal No. 2002-1408                                                                                                   
               Application No. 09/228,076                                                                                             


               Dyagesis so that the pivot attachment to the overhead is present.  We agree with the                                   
               appellant that this conclusion is in error.                                                                            
                       Dyagesis discloses a volleyball net in which the masts, while pivotally attached to                            
               the ceiling in the building, are secured in position by being screwed into threaded                                    
               sockets in the floor (translation, page 1; Figures 1 and 3).  Townsend discloses a                                     
               ceiling-mounted support system for a basketball backboard that is similar in basic                                     
               structure and operation to that of Albach.  On the basis of the same reasoning set out                                 
               above with regard to the other rejection of claim 1, we conclude that the combined                                     
               teachings of Dyagesis and Townsend fail to establish a prima facie case of                                             
               obviousness with regard to the subject matter of claim 1.  Further consideration of                                    
               QUIK SET and Allbright, which were cited for limitations not present in claim 1, fail to                               
               alter this opinion.                                                                                                    
                       This rejection of claims 1-12 is not sustained.                                                                
                                                          CONCLUSION                                                                  
                       The rejection of claims 1-12 as being unpatentable over QUIK SET in view of                                    
               Albach and Allbright is not sustained.                                                                                 















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