Ex Parte BARANDA et al - Page 2




             Appeal No. 2003-1178                                                             Page 2               
             Application No. 09/218,990                                                                            

                                                 BACKGROUND                                                        
                    The appellants’ invention relates to a tension member for an elevator.  An                     
             understanding of the invention can be derived from a reading of exemplary claim 1,                    
             which has been reproduced below.                                                                      
                    The prior art references of record relied upon by the examiner in rejecting the                
             appealed claims are:                                                                                  
             Schuerch                          4,534,163                         Aug. 13, 1985                     
             Bruyneel et al. (Bruyneel)        5,461,850                         Oct.   31,1995                    
                    Claims 1-3, 5-15, 18, 20, 23 and 45-50 stand rejected under 35 U.S.C. § 103(a)                 
             as being unpatentable over Bruyneel.                                                                  
                    Claims 21 and 22 stand rejected under 35 U.S.C. § 103 as being unpatentable                    
             over Bruyneel in view of Schuerch.                                                                    
                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                  
             the appellants regarding the above-noted rejections, we make reference to the Answer                  
             (Paper No. 25) and the final rejection (Paper No. 21) for the examiner's complete                     
             reasoning in support of the rejections, and to the Brief (Paper No. 24) and Reply Brief               
             (Paper No. 26) for the appellants' arguments thereagainst.                                            
                                                    OPINION                                                        
                    In reaching our decision in this appeal, we have given careful consideration to                
             the appellants’ specification and claims, to the applied prior art references, and to the             









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