Appeal No. 1999-1782
Application 08/853,790
The references applied in the final rejection are:
Kerr 3,580,016 May 25, 1971
Hayward 4,766,419 Aug. 23, 1988
Claims 1 and 9 stand finally rejected under 35 U.S.C. § 103(a) as unpatentable over Kerr in
view of Hayward.
On pages 3 and 4 of the answer, the examiner states the basis of the rejection as follows:3
Kerr teaches a keeper lock for a slide fastener of a flexible container. The flexible
container is comprised of canvas or other strong cloth and the side edges are folded for
reinforcement purposes. Spring biased lock barrel 40 having pin 80 overlies the folded
edge (i.e. patch) region of the bag 11 and has jaws 56, 62 which clamp slider 34 [sic:
30] therebetween when in the locked position. Kerr fails to teach an apparatus for
recording the opening or closing of the pouch 11. Kerr fails further to teach a device
for providing an electrical signal on opening or closing of the closure which includes a
random number generator using an electrical circuit to generate unique codes on receipt
of the electrical signal and to store the generated code, and to display the generated
code using an LED displaying device. Haywood [sic: Hayward] teaches an apparatus
for recording the operation of a closure member and specifically flexible containers.
The apparatus contains a random number generator, electrical switch actuated as a
knob moves from the release position, and timer housed in a housing which is
mountable in one of the members and a LED is displayable through a window of the
member 100. It would have been obvious to one of ordinary skill in the art to house a
random number generator and electrical signal which records the opening or closing of
a closure member via movement of the pin 80 of Kerr like that taught by Haywood
[sic] in the top left corner of the device of Kerr for the reasons set for [sic: forth] in
Haywood [sic].
3We have omitted the examiner's comments concerning a timer, since a timer is not recited in
the claims on appeal.
2
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