Ex Parte Shemanske, et al - Page 3




               Appeal No. 2003-1347                                                                          Page 3                   
               Application No. 09/825,044                                                                                             


               of the rejections, and to the brief (Paper No. 12 , filed January 21, 2003) and reply brief                            
               (Paper No. 14, filed April 22, 2003 ) for the appellants’ arguments thereagainst.                                      


                                                             OPINION                                                                  
                       In reaching our decision in this appeal, we have given careful consideration to                                
               the appellants’ specification and claims, to the applied prior art references, and to the                              
               respective positions articulated by the appellants and the examiner.  As a consequence                                 
               of our review, we make the determinations which follow.                                                                
                       We turn first to the examiner’s rejection of claims 1 to 6 under 35 U.S.C.§ 102(b)                             
               as being anticipated by Platt.  We initially note that to support a rejection of a claim                               
               under 35 U.S.C. § 102(b), it must be shown that each element of the claims is found,                                   
               either expressly described or under principles of inherency, in a single prior art                                     
               references. Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                                       
               (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).                                                                  
                       In support of the rejection, the examiner finds that Platt discloses:                                          
                       An elevator door 1 is operated to open and close.  Based on a detector 5                                       
                       sensing of the door entry and adjacent hallway, the door is commanded to                                       
                       open and close by micro-controller 17.  A field memory 23 and video                                            
                       memory 22 are provided with each floors image without passengers and                                           
                       based on present images the doors are commanded to open or close                                               
                       based on passenger or load determination.  The storage allows the                                              
                       background images to be identified.  As illustrated in figures 3a-3c a                                         
                       matrix 11 determines moving objects as well as stationary objects.  Based                                      
                       on the detection, the doors are opened, closed or delayed from closing.                                        
                       [answer at pages 3 and 4].                                                                                     







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