Ex Parte ZUEHLKE et al - Page 8




          Appeal No. 2003-1570                                                        
          Application 08/748,986                                                      


          synchronize the drums, as taught by Maltby” (answer, page 3).               
          Maltby, however, does not teach or suggest an electronic                    
          processor, let alone an electronic processor having a routine for           
          adjusting the operation of a hoisting mechanism in response to a            
          sensed relative amount by which ropes or cables are taken up.               
          Hence, Maltby does not cure the admitted shortcomings of Durand             
          relative to the subject matter recited in independent claims 17             
          and 25.                                                                     
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103(a) rejection of independent claims 17 and 25, and dependent           
          claims 26, 28 through 30, 32, 33 and 35 through 38, as being                
          unpatentable over Durand in view of Maltby.                                 
          III. The 35 U.S.C. § 103(a) rejection of claims 17 through 19,              
          25, 26, 28, 30 through 33, 35, 37 and 38 as being unpatentable              
          over Durand in view of Bayer                                                
               In this rejection, the examiner relies on Bayer to overcome            
          Durand’s failure to meet the limitations in independent claims 17           
          and 25 requiring the relative amount by which the ropes are taken           
          up to be sensed and the operation of at least one of the hoisting           
          mechanisms to be adjusted based on a processor routine operating            
          in response to the sensing.                                                 
               Bayer discloses an elevating system for raising and lowering           
          battens used to suspend lighting, scenery, drapery and other                


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