Ex parte BRADY et al. - Page 14




                     Appeal No. 1997-2162                                                                                                                                              
                     Application 08/280,430                                                                                                                                            

                     associated with a mobile lift.   Appellants also state that      2                                                                                                
                     Schauder’s switch is permanently attached to the elevator                                                                                                         
                     shaft and signals the elevator car to start breaking rather                                                                                                       
                     than stop.                                                                                                                                                        
                                The Examiner on page 5 of the answer responds to                                                                                                       
                     Appellants’ arguments by stating that the “stage” is the                                                                                                          
                     surrounding structure for a mobile lift.  The Examiner further                                                                                                    
                     argues that  Appellants’ claims do not include the limitation                                                                                                     
                     of the sensor being permanently attached to the surrounding                                                                                                       
                     structure.  The Examiner refers to Schauder’s disclosure in                                                                                                       
                     col. 4, lines 16 through 36 to point out that the sensed                                                                                                          
                     signal is used for detecting the position of the elevator car                                                                                                     
                     in relation to the  selected floor so that breaking may start                                                                                                     
                     for a smooth stop.  The Examiner on page 6 of the answer                                                                                                          
                     further states that the limitation of a horizontal distance of                                                                                                    
                     the switch on the stage landing from the button on the car is                                                                                                     
                     not present in the claim.                                                                                                                                         
                                The Federal Circuit states that "[t]he mere fact that the                                                                                              
                     prior art may be modified in the manner suggested by the                                                                                                          

                                2Since claims 3 and 18 contain the same limitations                                                                                                    
                     related to the stage height sensor, we consider Appellants’                                                                                                       
                     arguments with regard to claim 3.                                                                                                                                 
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