Ex parte ALCHIN - Page 6




                  Appeal No. 96-0873                                                                                                                      
                  Application 08/132,380                                                                                                                  


                  be sufficient to provide a balance force to hold a window at a desired placement.”  This                                                
                  position is without merit.  In the absence of any supporting evidence or logical reasoning to                                           
                  support the examiner’s position, it is not clear why the combination of only the spring force                                           

                  and the frictional force between the telescoping tubes of De Vries would necessarily be                                                 

                  sufficient to provide a balance force to hold the window in place.                                                                      
                           The decision of the examiner is reversed.                                                                                      
                                                                                     Reversed                                                             




                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                  )                                                               
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )  BOARD OF PATENT                                     
                                             CHARLES E. FRANKFORT                                  )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                             LAWRENCE J. STAAB                                     )                                                      
                                             Administrative Patent Judge                           )                                                      






                  LJS/pgg                                                                                                                                 

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