Ex Parte ZUEHLKE et al - Page 9




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


          equipment on a theatrical stage.  Each batten 12 includes a                 
          plurality of winch assemblies 14 which are electrically                     
          interlocked by a control unit 16.  The winch assemblies, which              
          act on cables 36, comprise drive units 32 having synchronous                
          motors 56 and overload/underload protection mechanisms 44 (see              
          Figures 6 and 7) having overload and underload limit switches 158           
          and 160 which shut down all winch assemblies on the batten if               
          tripped.                                                                    
               The examiner understands from Bayer’s disclosure that “an              
          overload or an underload condition would be one of the indicators           
          of the ‘relative’ difference between loading or travel of the               
          ropes” (answer, pages 5 and 6).  Based on this understanding, the           
          examiner concludes that it would have been obvious in view of               
          Bayer’s overload/underload protection mechanism “to modify the              
          liftcrane of Durand by using sensors and an electronic processor            
          to control the hoist drums, to accurately synchronize the drums”            
          (answer, page 4).                                                           
               Bayer’s description of the overload/underload protection               
          mechanism 44 (see column 11, line 33 et seq.), however, clearly             
          belies the examiner’s determination that an overload or underload           
          condition is indicative of a relative difference between the                
          travel of ropes or cables 36.  In fact, the mechanisms 44 have              


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