Ex Parte Monigle et al - Page 10




                 Appeal No. 2004-0366                                                                                    Page 10                      
                 Application No. 09/848,044                                                                                                           


                          Zachner's invention relates to a device equipped with advertisements designed                                               
                 to reserve spaces or block streets or in exhibits.  The device includes a pair of cables 1                                           
                 extending between posts 5 and 6 to suspend signs 8 (plane facings containing                                                         
                 advertisements), as shown in Figure 1.  A first end of each of the cables 1 is connected                                             
                 directly to the post 5 by a loop 3.  The upper cable 1 extends from the post 5 to the left                                           
                 as shown in Figure 1 and is secured to the top of each of the signs 8.  In a similar                                                 
                 fashion, the lower cable 1 extends from the post 5 to the left in a manner that engages                                              
                 the lower edge of each of the signs 8.  The other end of each of the cables 1 is                                                     
                 connected to a tension spring 7, which in turn, is connected by a hang-up hook 4 to the                                              
                 post 6.                                                                                                                              


                          The appellants argue (brief, pp. 11-13) that (1) claim 1 is not anticipated by                                              
                 Zachner since Zachner 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 Zachner since Zachner lacks "a weight                                                 
                 affixed to said cable segment, whereby tension is applied to said cable segment;"                                                    
                 (3) claim 21 is not anticipated by Zachner since Zachner lacks a sign suspended from                                                 
                 one cable segment having an axis, wherein the sign has first and second edges                                                        
                 oriented substantially perpendicular to the axis and the sign "being configured such that                                            








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