Ex parte BERKEY EL AL. - Page 3




          Appeal No. 1999-0285                                       Page 3           
          Application No. 08/697,573                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a method of lifting               
          a person or passenger.  An understanding of the invention can               
          be derived from a reading of exemplary claim 25, which appears              
          in the appendix to the appellants' brief.                                   


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          O'Brien et al. (O'Brien)           3,888,463                June            
          10, 1975                                                                    
          Houle                         4,971,510                Nov. 20,             
          1990                                                                        



               Claims 41 to 47 stand rejected under 35 U.S.C. § 112,                  
          second paragraph, as being indefinite for failing to                        
          particularly point out and distinctly claim the subject matter              
          which the appellants regard as the invention.                               


               Claims 25 to 28, 30, 32 and 33 stand rejected under                    
          35 U.S.C. § 103 as being unpatentable over O'Brien.                         










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