Ex parte FREUDENTHAL - Page 9




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

          even if such is the case, the result would be the claimed                   
          structure.  In this regard, Habern’s “guide” is actually one                
          part of a mechanism (the other part is a pawl) for preventing               
          the chain from running out in the direction of the load and                 
          for measuring the load in a sensor that is installed therein.               
          It is not clear how the examiner would interface the elements               
          of the two references, or what suggestion the examiner finds                
          for doing so.  However, if this mechanism of Habern were used               
          for its intended purpose in conjunction with the Schenck                    
          crane, it would have to be located downstream rather than                   
          upstream of the sheaves, and therefore could not function in                
          the manner required by the claims.                                          
               Couching the rejection in terms of Habern in view of                   
          Schenck, rather than the opposite, does not alter our view                  
          that a prima facie case of obviousness is not established with              
          regard to the subject matter of the three independent claims,               
          and this rejection of claims 1, 3-10 and 14-18 is not                       
          sustained.                                                                  
               Claim 2 stands rejected as being unpatentable over Habern              
          in view of Schenck and Rigney, the latter being cited for its               
          disclosure of a digital screen for displaying the load                      

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