Ex Parte Warner - Page 3




              Appeal No. 2004-2067                                                                 Page 3                
              Application No. 09/929,362                                                                                 


                     In reaching our decision in this appeal, we have given careful consideration to                     
              the appellant's specification and claims, to the applied prior art references, and to the                  
              respective positions articulated by the appellant and the examiner.  For the reasons                       
              which follow, we must reverse the examiner’s rejection.                                                    
                     Warner discloses a multiple flying pole tent comprising a perimeter frame 17                        
              including four frame members 16 and corner joints 35 supported from the ground by                          
              four corner posts 12.  The tent canopy 14 is supported by four flying poles 24 resting on                  
              a cable network 29.  Peaks 20 in the canopy correspond to locations where the flying                       
              poles 24 contact the canopy 14.  As best illustrated in Figure 3, the cable network 29                     
              consists of a central cable 28 having two connectable ends 30a and 30b shown                               
              connected together and four cables 26 connected between the central cable 28 and the                       
              corner joints 35.  With ends 30a and 30b connected together the entire assembly is tight                   
              and the canopy 14 is tensioned (page 5).  Warner points out on page 6 that                                 
                            [i]f the cables were connected across diagonally opposite                                    
                            corners or to the frame members 16 without the central                                       
                            cable 28 the tension in each cable would be high and                                         
                            tensioning the canopy 14 would require a large force.  By                                    
                            utilizing a centre cable 28 and placing the poles at each                                    
                            corner the tension force is halved making it much easier to                                  
                            simply pull ends 30a and 30b together and couple them                                        
                            thereby tensioning the whole tent.                                                           
                     As recognized by the examiner, Warner lacks (1) a triangular frame, as called for                   
              in independent claims 1 and 12, (2) three cables connected (claim 1) or connectable                        
              (claim 12) between respective ones of three corners (claim 1) or corner posts (claim 12)                   







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