Appeal No. 1999-1063
Application No. 08/402,498
the housing for supporting a user; a drum or reel 13 mounted
on shaft 14 which is supported by the housing; a cable or line
10 wound on the drum; a worm gear 19 mounted on shaft 14; a
worm shaft 20 which may be moved into engagement with worm
gear 19 when the weight of a user is supported by the straps
28 and 29 and body belt 30; and a wheel 23 and crank 24
mounted on worm shaft 20 such that when the shaft 20 is
engaged with worm gear 19 “the drum 13 may be turned to unwind
the cable 10, by manually turning the wheel 23 with the aid of
the crank handle 24” (col. 2, lines 28-30). Frankel
specifically teaches that
[t]he type of gear teeth used will determine the
effort required to turn the drum and to lower the
person supported by the body harness. A gear ratio
may be provided which will use the worm shaft as a
resistance to quick descent, and which will slowly
turn the worm shaft, and a gearing may be used which
will lock the drum against turning except when the
worm shaft is manually turned. (Col. 2, lines 30-37)
Accordingly, we remand this application to the examiner
to consider the patentability of the claimed subject matter in
view of the patent to Frankel in combination with other prior
art, e.g., Cox which teaches a shaft 34 rotated by an electric
motor 32 to wind and unwind a cable through a first drive
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