Ex Parte Tolinski et al - Page 9




              Appeal No. 2004-2346                                                                Page 9                
              Application No. 09/876,519                                                                                


                     Claims 16-18 and 20 all require a seal between the housing and the exterior                        
              surface of the vehicle roof, a feature which is not disclosed by Staser.  To overcome this                
              deficiency, the examiner points to the teaching in Pokorney of permitting electrical                      
              communication between the interior of a rear-mounted light bar 10 and the means for                       
              controllably supplying power to the light heads and alley lights thereon by the provision                 
              of one or more holes in the vehicle roof and the passage of electrical cables through                     
              grommets installed in these holes in a water-tight manner.  This teaching of Pokorney,                    
              at best, might have suggested the passage of electrical cables from within the air dam                    
              housing of Staser to the vehicle interior in a water-tight manner through grommets.  Like                 
              appellants (brief, page 8), we fail to appreciate how such a modification of Staser would                 
              necessarily result in a seal between the housing and the exterior surface of the vehicle                  
              roof.  The examiner’s conclusion that it would have been “obvious to provide [a seal] at                  
              the lower flanges of the housing of Staser et al. in order to prevent water degradation of                
              the motor 64 [sic. 62] and controller 76, both electrical devices subject to water                        
              damage” (answer, page 6) does not logically follow from the combined teachings of                         
              Staser, Rich and Pokorney.  We thus cannot sustain the rejection of claims 16-18 and                      
              20.                                                                                                       













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