Ex Parte Zaharia et al - Page 13


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

               In any event, we find that the purpose of the sensor                   
          described in Hirama and/or Yamagami is to detect defects in the             
          elevator rope as indicated supra to prevent major elevator                  
          accidents which could take many lives.  To prevent such                     
          catastrophic accidents, one of ordinary skill in the art would              
          have been led to place the sensor described in Hirama and/or                
          Yamagami to obtain “information regarding a wear condition of a             
          portion of the rope that is most likely to wear...”  We take                
          official notice that one of ordinary skill in the art would have            
          monitored the portions of the rope, which were subject to the               
          highest stress (e.g., the portion of the rope subject to                    
          continuous bending, especially at an extreme bending angle (based           
          on the sizes and the locations of sheaves)) under the worst case            
          loading scenario to prevent catastrophic accidents.  See, e.g.,             
          Saito, column 2, lines 58-66 and column 3, lines 15-16.                     
               The appellants argue that Yamagami and Hirama do not teach             
          or suggest a detector “supported to move with the [elevator] cab”           
          as recited in claims 3 and 11.  The appellants, however, do not             
          dispute the examiner’s finding at page 6 of the Answer that:                
               Saito illustrates the use of roping ratios other than                  
               1:1 and teaches in the Background of the Invention that                
               as such a sheave may be placed on the cab to obtain a                  
               desired rope ratio.  As such, the detector would be                    
               placed on the cab sheave.                                              



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