Appeal No. 2002-2143
Application No. 09/482,038
Because the rotor discs 6d, are slotted with the
slots 6h, an additional “lock in” ball bearing 6f, and
bearing plate 6j, are required to retain the vaned
rotor 6a, on the support posts 5.
A flat, possibly split, gear 6k, is located under
the lower rotor ball bearing 6f, and is held in place
by the bearing pins 6g, which meshes with a pinion 6L,
on the electrical generator 6m.
The electrical generator 6m, is securely mounted
on a base plate secured to the roof, and a sheet metal
housing 6n, covers and protects these components.
A clamp-on collar 6p, is locked onto the vertical
support post 5, under the top rotor disc 6d. A ball
thrust bearing 6r, is fitted between the underside of
the top rotor disc 6d, and the clamp-on collar 6p, to
support the revolving weight of the vaned rotor 6a
[column 6, line 67, through column 7, line 25].
The examiner’s conclusion that the subject matter recited in
the appealed claims would have been obvious within the meaning of
§ 103(a) rests in large part on a finding (see pages 3 and 4 in
the answer) that Kelly’s vertical posts 5 meet the limitation in
independent claim 1, and the similar limitation in independent
claim 38, requiring “a plurality of vertical shafts . . . each
shaft carrying a plurality of blades adapted to be rotated by the
wind, so that the shafts are rotated by the wind.” Kelly,
however, does not provide any evidentiary support for this
finding. To the contrary, a fair reading of Kelly indicates that
the vertical posts 5 are static structures which are not rotated
by the wind. Moreover, Kelly does not disclose any other
structure, including that defined by the vane rotors 6a, which
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Last modified: November 3, 2007