Ex parte MEHLERT et al. - Page 2




          Appeal No. 2001-0484                                       Page 2           
          Application No. 09/116,409                                                  


               The appellants' invention relates to an outdoor escalator              
          guide containing a heating cable to keep the handrail from                  
          freezing to the handrail guide in extreme cold outdoor                      
          conditions (specification, p. 1).  A copy of the claims under               
          appeal is set forth in the appendix to the appellants' brief.               


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Saito                    4,871,056                     Oct.  3,             
          1989                                                                        
          Anttonen                 5,014,844                     May  14,             
          1991                                                                        
          Huber                    5,798,038                     Aug. 25,             
          1998                                                                        



               Claim 1 stands rejected under 35 U.S.C. § 102(b) as being              
          anticipated by Saito.                                                       


               Claims 1 to 3 stand rejected under 35 U.S.C. § 103 as                  
          being unpatentable over Saito in view of Anttonen or Huber.                 


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                







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