Ex Parte Albrich et al - Page 4




              Appeal No. 2006-0409                                                                 Παγε 4                                       
              Application No. 10/439,736                                                                                                        


                     as taught by Yu in order to prevent the operation of the apparatus while                                                   
                     improving on the safely of the apparatus [answer at page 4].                                                               


                     We agree with the appellants that there is no motivation to combine the                                                    
              teachings of the cited prior art.  Pearson is concerned with monitoring the number of                                             
              occupied chairs so as to increase efficiency in a multiple ski lift ski area (col. 1, lines 27                                    
              to 32).  The proximity sensors 50 are used to determine whether there is a passenger in                                           
              a chair at a particular location (col. 5, lines 28 to 33).  Pearson is not concerned with                                         
              securing a passenger in the seat.  As such, in our view, there would be no motivation for                                         
              a person of ordinary skill in the art to include a sensor for determining whether or not a                                        
              safety bar of the given chair is locked.                                                                                          
                     In addition, Tremblay does not teach a sensor that senses the locking of a safety                                          
              bar.  Rather, Tremblay describes a swivel mechanism for locking the seat in a transport                                           
              position and for disabling the chairlift operation unless the seat is in the transport                                            
              position (Figs 6 to 8; col. 1, lines 56 to 59; col. 9, line 36; col.10, line 65).                                                 





                     For the foregoing reasons, we will not sustain the examiner’s rejection.  The                                              
              decision of the examiner is reversed.                                                                                             


















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