Appeal No. 95-3141
Application No. 08/070,863
elements at that position in order to generate a signal coding
the position of the elevator car. We find nothing in Aron
suggestive of such claimed features.
While the examiner’s response [answer-page 4] is that
there is nothing in the claims relative to the encoding of
operational positions and, as such, it is irrelevant that the
plates of Aron are in the same position for each floor,
instant claims 2 and 3 certainly do require that “the
operation positions can be encoded by using two or more ON/OFF
signals” and then further recite how the detection elements
generate a signal coding the position of the elevator car
based on the misalignment of the operating elements of the
first and second operating devices. Clearly, then, the
examiner’s failure to take into account the misalignment and
encoding features of the instant claimed invention because of
the examiner’s erroneous finding that such features formed no
part of the instant claimed invention constitutes grounds for
reversal for a lack of a prima facie case of anticipation.
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