Ex Parte BARKER et al - Page 3




              Appeal No. 2004-2209                                                                       3               
              Application No. 09/406,445                                                                                 


                     Claims 21 and 31 stand rejected under 35 U.S.C. § 103 as unpatentable over                          
              German laid open application to Hladnik in view of the British application to Winkler and                  
              further in view of Kopman.                                                                                 
                     Claims 24 and 34 stand rejected under 35 U.S.C. § 103 as unpatentable over the                      
              German laid open application in view of the British application to Winkler and further in                  
              view of Pearson.                                                                                           
                     For the details of these rejections, reference is made to the final rejection,                      
              Paper No. 13.  For the details of appellants’ arguments with respect to the rejections,                    
              reference is made to the appeal brief.  The examiner’s response to the arguments can                       
              be found in the examiner’s answer.                                                                         
                                                        Opinion                                                          
                     We have carefully reviewed the rejections on appeal in light of the prior art and                   
              the arguments of appellants and the examiner.  As a result of this review, we have                         
              determined that none of the rejections of the claims on appeal can be sustained.  Our                      
              reasons follow.                                                                                            
                     The following represents our findings of fact with respect to the scope and                         
              content of the prior art and the differences between the prior art and the claimed subject                 
              matter.  The German laid open application discloses an elevator shaft composed of                          
              prefabricated concrete segments.  The concrete segments are provided with guide ribs                       
              5 and rib-like guides 8 to guide the elevator car and the counterweight, respectively.                     








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