Ex Parte Monigle et al - Page 7




             Appeal No. 2004-0366                                                               Page 7                
             Application No. 09/848,044                                                                               


                    Mudd discloses an advertising device designed to extend across a street or                        
             thoroughfare and to exhibit moving advertising signs, bulletins, and the like.  Mudd                     
             teaches, as shown in Figure 1, a system for suspending a plurality of the advertising                    
             signs 6 by a cable 5 and guide cables 16.  The cable 5 and guide cables 16 are                           
             suspended in a parallel relationship to each other to extend over the street between a                   
             pair of sheds 3 and 4 situated on top of houses or buildings 1 and 2.  The cable 5 is                    
             continuous and passes over a pair of pulleys 7 (disposed in shed 4) and a grooved                        
             pulley 8 (disposed in shed 3).  The grooved pulley 8 is connected to a drive shaft 9,                    
             which may be rotated by a crank-handle 22 or by a motor.  The guide cables 16 are                        
             attached in any desired manner to a pair of stop boards or plates 13 mounted to the                      
             sheds 3 and 4.                                                                                           


                    The appellants argue (brief, pp. 7-10) that (1) claim 1 is not anticipated by Mudd                
             since Mudd lacks the first and second weights (i.e., "each of said first and second                      
             weights coupled respectively to a corresponding one of said first and second cable                       
             segments, whereby tension is applied to each of said first and second cable                              
             segments"); (2) claim 18 is not anticipated by Mudd since Mudd lacks "a weight affixed                   
             to said cable segment, whereby tension is applied to said cable segment;" (3) claim 21                   
             is not anticipated by Mudd since Mudd lacks a sign suspended from one cable segment                      









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