Ex Parte Lisa et al - Page 7



             Appeal 2007-0814                                                                                  
             Application 10/243,417                                                                            
                   10. The fence takes on any contour required to enclose a specific area to be                
                      protected (Crisp, col. 2, ll. 59-62).                                                    
                   11. Typically the line posts extend approximately four (4) feet above ground                
                      level, and are securely anchored below ground in a vertical orientation                  
                      using concrete or a like material (Crisp, col. 2, ll. 65-67 and col. 3, ll. 22-          
                      24).                                                                                     
                   12.  The superstructure posts 14, 14’ provide high strength terminations for                
                      cables 24, 24’ and their enclosures 22, 22’ (Crisp, col. 3, ll. 29-45).                  
                   13.  The anchor means consists of passing the sheath and its corresponding                  
                      cable through the super post 14 at a predetermined point, and bending                    
                      them downwardly at an angle so that the sheath and cable terminate                       
                      within the concrete anchor 28’ used to secure an adjacent super post                     
                      (Crisp, col. 3, ll. 36-42).                                                              
                   14.  Thus, the cables are not fastened to both the post and the concrete                    
                      anchors.                                                                                 
                   15.  The flight path of an aircraft includes its path from its point of origin to           
                      its destination, including take-off and landing.  During take-off, an                    
                      aircraft is substantially horizontal to the ground.                                      

                                           PRINCIPLES OF LAW                                                   
                   “A claim is anticipated only if each and every element as set forth in the                  
             claim is found, either expressly or inherently described, in a single prior art                   



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