Ex parte BERKEY EL AL. - Page 10




          Appeal No. 1999-0285                                      Page 10           
          Application No. 08/697,573                                                  


          under 35 U.S.C. § 103).  The examiner determined (answer, p.                
          3) that                                                                     


               O'Brien et al disclose a manually operable lift used with              
               aircraft (column 1, line 24) and having plural wheels 26,              
               adjustable limit switches (and column 2, lines 67, 68                  
               etc.) chassis 20, basket 94, etc., paired lift arms 81                 
               with stabilizing arms 83, energy source 138, energy                    
               converter 136, 122, etc., rear support 24, etc., bearing               
               assemblies 109, etc., lifting means 85 and common means                
               141-143.                                                               
          The examiner then concluded that "[i]t would have been obvious              
          to have conventionally shifted the switch to allow the                      
          platform to attain a preset limit, if desired."  Thereafter,                
          the examiner determined that the subject matter recited in                  
          dependent claims 26, 28, 29 and 30 would have been obvious                  
          from the applied prior art.                                                 


               The appellants argue (brief, p. 7) that the step of                    
          "moving the lift with the person in the basket into a position              
          aligned with the structure's opening" as set forth in claim 25              
          is not taught, suggested or made obvious from O'Brien.                      











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