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)Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007