Ex Parte Lisa et al - Page 17



             Appeal 2007-0814                                                                                  
             Application 10/243,417                                                                            
                   Claim 8, which depends from claim 7, further requires that the cables is                    
             fastened between the mast and a concrete anchor run at an acute angle relative to                 
             the mast, and that the concrete anchor is shorter than the masts.  We disagree with               
             the Examiner’s findings that the cables are fastened to the masts and run at acute                
             angle with respect to the masts.  As such, we do not sustain the Examiner’s                       
             rejection of dependent claim 8 under 35 U.S.C. §103(a).                                           

                                         CONCLUSIONS OF LAW                                                    
                   We conclude:                                                                                
                   1) The Examiner erred in rejecting claims 1, 3-5, 10-12, and 14-16 under                    
             35 U.S.C. §102(b) as anticipated by Schultz.                                                      
                   2) Appellants have not shown that the Examiner erred in rejecting                           
             claims 1, 5, 6, 10, and 16 under 35 U.S.C. § 102(b) as anticipated by Crisp.                      
                   3) The Examiner erred in rejecting claim 7 under 35 U.S.C. § 102(b) as                      
             anticipated by Crisp.                                                                             
                   4) The Examiner erred in rejecting claims 2 and 13 under 35 U.S.C.                          
             § 103(a) as unpatentable over Schultz.                                                            
                   5) Appellants have not shown that the Examiner erred in rejecting                           
             claim 6 under 35 U.S.C. § 103(a) as unpatentable over Schultz and Crisp.                          
                   6) The Examiner erred in rejecting claim 8 under 35 U.S.C. §103(a) as                       
             unpatentable over Crisp.                                                                          
                   7) Appellants have not shown that the Examiner erred in rejecting claim                     
             9 under 35 U.S.C. § 103(a) as unpatentable over Crisp.                                            

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