Ex Parte Zaharia et al - Page 11


          Appeal No. 2004-0837                                                        
          Application No. 09/778,481                                                  

          and 4B.  We find that both Yamagami and Hirama teach the sensor             
          (detector) being “spaced” from the driver sheave.  See Yamagami’s           
          gape referred to at column 2, lines 4-31 and Figures 3 and 5 and            
          the examiner’s undisputed findings directed to Hirama at page 5             
          of the Answer.   To the extent that Yamagami is interpreted as              
          not teaching the claimed placement of the sensor, the examiner’s            
          finding at page 5 of the Answer also provides ample motivation to           
          employ Hirama’s sensor2 in the manner taught by Hirama in the               
          elevator system of the type described in Yamagami to improve the            
          detection of rope defects.  Specifically, we note the examiner’s            
          undisputed findings at page 5 of the Answer as shown below:                 
               Hirama et al teaches a rope wear detector for an                       
               elevator which detects the internal wear of a “belt”                   
               encasing in a protective coating several wire ropes 2.                 
               As illustrated in figure 1, the detector 5 is placed                   
               away from sheaves 4A, 4B.                                              
               Hirama et al states that the use of detecting coil type                
               detector improves the sensitivity of defect detection                  
               in a rope wear detector as well as detection of a                      
               cavity or crinkle, in addition to the detection of a                   
               break.                                                                 
               Thus, the dispositive question is whether one of ordinary              
          skill in the art would have placed the sensor of the type                   
          described in Hirama and/or Yamagami to “provide information                 
          regarding a wear condition of a portion or the entire portion of            


               2 The appellants indicate the sensor of the type described             
          in Hirama as one of the sensors employed in the appellants’                 
          elevator system.  See the specification, page 4.                            
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