Appeal No. 2004-0366 Page 8
Application No. 09/848,044
having an axis, wherein the sign has first and second edges oriented substantially
perpendicular to the axis and the sign "being configured such that the wind primarily
spills around said first and second edges, whereby the wind tends to rotate said sign
about said axis and said at least one cable segment tends to constrain such rotational
motion." We agree.
The examiner's position (answer, pp. 4 and 8-12) with respect to claims 1 and 18
that the claimed weights are readable on Mudd's grooved pulley 8 and the eye fastener
shown in Figure 1 which attaches the guide cable 16 to shed 3 is totally without merit
for the reasons set forth in the brief. In that regard, Mudd's grooved pulley 8 is not a
weight which applies tension to the cable 5. Likewise, Mudd's eye fastener is not a
weight which applies tension to the guide cable 16.
The examiner's position (answer, pp. 4 and 11-12) with respect to claim 21 is
that the claimed sign configured such that the wind primarily spills around "said first and
second edges, whereby the wind tends to rotate said sign about said axis and said at
least one cable segment tends to constrain such rotational motion" is readable on
Mudd's sign 6. We do not agree. In that regard, the appellants' sign is configured as
shown in Figures 6A-6C to cause the wind to primarily spill off of the vertical edges
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