Ex parte FREUDENTHAL - Page 7




          Appeal No. 98-1530                                                          
          Application No. 08/492,590                                                  

               Second, in the Schenck system the winch line passes over               
          a first sheave (8) that is fixed upon the end of the aerial                 
          structure, and then over a second sheave (13) from which the                
          load is suspended.  Basic to the Schenck invention is that the              
          second sheave be movable (on springs 12) with respect to the                
          rest of the structure, including the other sheave, so that it               
          can press upon a load sensor (11) with a force related to the               
          weight on the winch line.  The output of the load sensor is                 
          utilized to calculate the real load on the apparatus, either                
          directly, as is the case in Figure 1, or indirectly, as is the              
          case in Figures 2A, B and C.  Because the second sheave is                  
          movable with respect to the first sheave, the winch line does               
          not maintain “a known orientation relative to said                          
          longitudinal axis” of the aerial apparatus, as is required by               
          the appellants’ claims.                                                     
               For the reasons explained above, the rejection of Schenck              
          in view of Habern fails to establish a prima facie case of                  
          obviousness with regard to the subject matter of independent                
          claims 1, 8 and 15, and we will not sustain this rejection of               
          these claims or, it follows, of claims 3-7, 9, 10, 14 and 16-               
          18, which depend therefrom.                                                 

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