Ex Parte Monigle et al - Page 12




                 Appeal No. 2004-0366                                                                                    Page 12                      
                 Application No. 09/848,044                                                                                                           


                          Since all the limitations of claims 1, 18 and 21 are not disclosed in Zachner for                                           
                 the reasons set forth above, the decision of the examiner to reject claims 1, 18 and 21,                                             
                 and claims 2, 15, 19, 20, 24 and 25 dependent thereon, under 35 U.S.C. § 102(b) as                                                   
                 being anticipated by Zachner is reversed.                                                                                            


                 The obviousness rejection based on Ferguson in view of Steenhoudt or Barnes                                                          
                          We will not sustain the rejection of claims 1, 2, 7 to 9, 15 to 21, 24 and 25 under                                         
                 35 U.S.C. § 103 as being unpatentable over Ferguson in view of Steenhoudt or Barnes.                                                 


                          Ferguson's invention relates to a sign that is particularly adapted to be mounted                                           
                 upon a wire fence.  Referring to Figure 1, there is shown first and second unnumbered                                                
                 posts for suspending therebetween a plurality of wires A that are disposed horizontally                                              
                 and essentially parallel with respect to each other.  The wires A are shown as being                                                 
                 secured to the posts by a fastener, which is not described or mentioned in the written                                               
                 specification.  Ferguson teaches that an advertising sign B is secured to the wires A by                                             
                 a wire or ribbon C, which passes through two perforations b that are disposed at the                                                 
                 opposite edges of the sign B.  The sign B is secured to the horizontal wires A by                                                    
                 wrapping the ends of each ribbon C about its wire A.  As the ribbon C passes through                                                 
                 the perforations b, it is bent, as indicated at d, so that when the bent d is turned into the                                        









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