Ex Parte Allner et al - Page 2




               Appeal No. 2004-2131                                                                        Page 2                  
               Application No. 10/016,719                                                                                          


                                                        BACKGROUND                                                                 
                       The appellants' invention relates to a device for balancing a radial threaded                               
               spindle eccentricity of a spindle drive to avoid blocking of the spindle drive during the                           
               lifting movement of a platform (specification, p. 1).  A copy of the claims under appeal is                         
               set forth in the appendix to the appellants' brief.                                                                 


                       The prior art references of record relied upon by the examiner in rejecting the                             
               appealed claims are:                                                                                                
               Bayne et al. (Bayne)                  4,326,643                              Apr. 27, 1982                          
               Joffe                                 5,331,861                              July 26, 1994                          


                       Claims 1, 2, 4 to 11 and 13 stand rejected under 35 U.S.C. § 103 as being                                   
               unpatentable over Bayne in view of Joffe.                                                                           


                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                               
               the appellants regarding the above-noted rejection, we make reference to the final                                  
               rejection (mailed September 5, 2003) and the answer (mailed April 9, 2004) for the                                  
               examiner's complete reasoning in support of the rejection, and to the brief (filed January                          
               13, 2004) for the appellants' arguments thereagainst.                                                               










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