Appeal No. 2004-0366 Page 15
Application No. 09/848,044
After the scope and content of the prior art are determined, the differences
between the prior art and the claims at issue are to be ascertained. Graham v. John
Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Ferguson and claim 1, it is our opinion that
one difference is the limitation that the first and second weights are "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." Based on our
analysis and review of Ferguson and claim 18, it is our opinion that one difference is the
limitation that a weight is "affixed to said cable segment, whereby tension is applied to
said cable segment." Based on our analysis and review of Ferguson and claim 21, it is
our opinion that one difference is the limitation that 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."
The examiner's position (answer, pp. 6 and 17-21) with respect to claims 1 and
18 that the claimed weights are readable on Ferguson's fasteners which secure the
wires A to the posts is totally without merit for the reasons set forth in the brief (pp. 20-
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