Ex Parte Shemanske, et al - Page 2




               Appeal No. 2003-1347                                                                          Page 2                   
               Application No. 09/825,044                                                                                             


                       The appellants’ invention relates to an elevator control device  (specification, p.                            
               1).  A copy of the claims under appeal is set forth in the appendix to the appellants’                                 
               brief.                                                                                                                 
                                                           The prior art                                                              
                       The prior art references of record relied upon by the examiner in rejecting the                                
               appealed claims are:                                                                                                   
                       Platt                           5,284,225                      Feb. 8, 1994                                    
                       Sasao                           4,924,416                      May 8, 1990                                     
                                                          The rejections                                                              

                       Claims 1 to 6 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                                  
               Platt.                                                                                                                 
                       Claims 7 to 11 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                 
               Platt in view of Sasao.1                                                                                               


                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                  
               the appellants regarding the above-noted rejections, we make reference to the answer                                   
               (Paper No. 13 , filed March 10, 2003) for the examiner's complete reasoning in support                                 



                       1  The appellants’ brief contains a section entitled “Response to Drawing Objections.”  We will not            
               address this portion of the brief as the propriety of drawing objections is not a matter properly before the           
               Board but rather should have been timely addressed in a petition pursuant to 37 CFR § 1.181.                           






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