Height over Woods Spotting into Woods

[Blackcloud6]

See the attached image.

When the German 81mm Mortars in 0716 fire, are they spotted by the Soviets on a 60 meter Hill hex 0705?

I say that they are because the criteria for a blocked LOS by 8.42 are not met:

• a limiting terrain hex that blocks LOS (for example, town or woods), that is higher elevation than the higher unit, lies between the two hexes;
  
• a limiting terrain hex that blocks LOS (for example, town　or woods), of the same elevation as the higher unit, lies　between the two hexes and the limiting terrain hex is closer　(not equidistant) to the lower unit than the higher one.