Ex Parte Platt - Page 16




             Appeal No. 2006-0848                                                                                    
             Application No. 09/981,231                                                                              

             would have recognized that the location of the generator 15 upwind or downwind of the                   
             spars would have no effect on the performance of the wind generator of Salter.                          
             Claim 41                                                                                                
             Appellant argues that the prior art of record does not teach or suggest a wind                          
             powered generator including a rod configured to be within a housing, at least six spars                 
             connected to the rod, and an electrical generator connected to the housing [brief, page                 
             27].  The examiner responds that Salter shows the generator 16 connected to the                         
             housing 33, 36 [answer, page 19].  Appellant responds that Salter and Abe do not                        
             disclose a rod configured to rotate within a housing [reply brief, page 10].                            




             We will sustain the examiner’s rejection of claim 41 as unpatentable over Salter and                    
             Abe.  The rotors 12 of Salter clearly rotate about a rod connected to hub 18, and the                   
             electric power generator (drum 15 and associated components) is connected to the                        
             housing of the rotor as claimed.                                                                        
             Claim 42                                                                                                
             Appellant argues that the prior art of record does not teach or suggest a vertical leg                  
             connected to a housing, wherein the housing is connected to an end of the vertical leg                  
             at a position off center from an axis of a vertical leg [brief, page 27].  The examiner                 
             responds that Salter shows the generator 16 connected to the housing 33, 36 by a                        
             vertical leg 41 [answer, page 19].  Appellant responds that Salter does not show the                    
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