Appeal No. 95-3141
Application No. 08/070,863
position of the car. Appellant further argues that the
instant optical shielding plates are more reliable than
devices such as polymeric film, as shown in Caputo, and that
the positioning of the plates horizontally along operating
device 62a of the instant disclosure provides position
detection without movement of the elevator car or the use of a
plurality of vertically spaced LEDs.
With regard to the reliability argument, there is nothing
in the claims which would preclude the use of polymeric film
while, with regard to the argument that the invention provides
position detection without movement of the car or the use of
LEDs, there is also nothing in the claims precluding detection
by movement of the car or with the use of LEDs. Accordingly,
these arguments are irrelevant with regard to the claimed
subject matter and, therefore, unpersuasive.
However, claim 5 requires that each of the first and
second operating devices (defined by the examiner as tracks 76
and 78 of Caputo) have a plurality of operating elements (the
holes in each track) disposed in a row (the vertical nature of
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