Ex Parte Alves - Page 3



          Appeal No. 2005-0768                                                        
          Application No. 10/010,203                                                  
          September 16, 2004) for the respective positions of the appellant           
          and the examiner regarding the merits of these rejections.2                 
                                    DISCUSSION                                        
          I. The 35 U.S.C. § 102(b) rejection of claim 2 as being                     
          anticipated by Mason                                                        
               Mason discloses an elevator noise and vibration isolation              
          system which is described in the reference as follows:                      
                    . . . 10 designates a conventional guide shoe                     
               stand which is secured to and carried by the elevator                  
               car, said stand including a horizontally disposed                      
               tubular bearing 11, in which is arranged for horizontal                
               sliding movement, a conventional spring pressed shaft                  
               12 carrying on its forward end a vertically disposed                   
               shoe 13, which is channel shaped in horizontal section.                
                    Removably positioned on the ends of the shoe 13                   
               are caps or plates 14, and formed in each plate is                     
               notch 15 for the accommodation of the conventional                     
               elevator guiding rail 16 that extends vertically                       
               through the hatchway.                                                  
                    Positioned within the shoe 13, and retained                       
               therein by the removable plates 14 is a gib 17 that is                 
               channel shaped in horizontal section, and said gib                     
               being formed of iron wood and preferably that                          
               particular species of iron wood that is commercially                   
               known as desert iron wood.                                             
                    The channel that is formed in this gib, receives                  
               the outer portion of the flange 18 of guide rail 16,                   
               and positioned within the shoe 13 behind and to the                    
               2 In the final rejection (mailed August 15, 2003), claims 2            
          and 10 through 14 also stood rejected under 35 U.S.C. § 112,                
          first paragraph, and claim 14 additionally stood rejected under             
          35 U.S.C. § 112, second paragraph.  The record indicates that the           
          examiner has since withdrawn these rejections.  The record also             
          contains an English language translation of the Kiri reference,             
          which translation was prepared by the USPTO and appended by the             
          examiner to the answer.                                                     
                                          3                                           




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