Ex parte WINNER - Page 18




                 Appeal No. 97-3194                                                                                      Page 18                        
                 Application No. 08/442,816                                                                                                             


                 Corp., 72 F.3d 1577, 1583, 37 USPQ2d 1314, 1319 (Fed. Cir.                                                                             
                 1996) and In re Nilssen, 851 F.2d 1401, 1403, 7 USPQ2d 1500,                                                                           
                 1502 (Fed. Cir. 1988)).  Rather, the test for obviousness is                                                                           
                 what the combined teachings of the references would have                                                                               
                 suggested to one of ordinary skill in the art.  See In re                                                                              
                 Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir.                                                                              
                 1991) and In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881                                                                           
                 (CCPA 1981).  Moreover, in evaluating such references it is                                                                            
                 proper to take into account not only the specific teachings of                                                                         
                 the references but also the inferences which one skilled in                                                                            
                 the art would reasonably be expected to draw therefrom.  In re                                                                         
                 Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).  In                                                                           
                 this case, however, Johnson specifically teaches that a                                                                                
                 problem exists with prior antitheft devices such as the                                                                                
                 locking mechanism of Moore U.S. Pat. No. 3,462,982 (see column                                                                         
                 1, lines 41-50) and that his device presents a formidable                                                                              
                 obstacle to a potential theft (see column 5, lines 49-54).  In                                                                         
                 that the locking mechanism of Moore  is a ratcheting device    6                                                                       
                 similar to that disclosed in Damon, it is our opinion that                                                                             


                          6Copy attached.                                                                                                               







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