Ex Parte BARKER et al - Page 4




              Appeal No. 2004-2209                                                                       4               
              Application No. 09/406,445                                                                                 


              See translation, pages 3 and 4.  Thus, the German laid open application teaches non-                       
              metallic or concrete guide rails for an elevator car.  The German laid open application is                 
              completely silent with respect to friction surfaces, coefficients of friction between the                  
              friction surface and the guide rail, or the limit, viz., 50 psi, on the pressure with which the            
              friction surface contacts the guide rails.                                                                 
                     The UK patent to Winkler discloses a guide rail safety device using a metallic                      
              guide rail as is common in the prior art.  Winkler discloses wedges 9 and 10 with at least                 
              one horizontal locator 15 and an actuator 39.  Figure 6 of Winkler illustrates the function                
              of the catching device.  The solid lines represent the friction force developed by the                     
              stopping device at various coefficients of friction.  The dashed line represents the prior                 
              art stopping device.  Note that Winkler offers improved friction force at                                  
              coefficients of friction lower than 0.85.  Winkler also expressly states that coefficients of              
              friction above 0.85 are exceedingly difficult to attain.  The differences between Winkler                  
              and the claimed subject matter include the fact that Winkler is directed to metallic guide                 
              rails, Winkler has no teaching of limiting the force by which the friction surfaces contact                
              the guide rail, and Winkler teaches coefficients of friction above 0.85 are difficult to                   
              attain.                                                                                                    
                     Turning first to the rejection of claims 25-31, 33 and 34 under 35 U.S.C. § 112,                    
              first paragraph, it is understandable that appellants have difficulty responding to this                   
              rejection, for it is unclear exactly the basis for the examiner’s reasoning.  Initially, the               








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