Appeal No. 2005-1204 Page 6
Application No. 10/057,476
moveable member from its first position to its second position. The first locking
mechanism is configured to permit movement of the moveable member between
its first and second positions when the first locking mechanism is in its unlocked
position. The second locking mechanism is adjacent to the first locking
mechanism and is configured to releasably engage the first locking mechanism in
a manner to releasably retain the first locking mechanism in its locked position.
From these teachings of Foster, we consider the structural similarities and the
functional overlap between the pump dispenser trigger locking mechanism taught by
Foster and the fastener tool trigger lock claimed by the appellants to be readily
apparent. We conclude that Foster is "reasonably pertinent to the particular problem
with which the inventor was involved" and accordingly is analogous art. Cf. In re Ellis,
476 F.2d 1370, 1372, 177 USPQ 526, 527 (CCPA 1973); In re Heldt, 433 F.2d 808,
812, 167 USPQ 676, 679 (CCPA 1970).
Since Foster is analogous art for the reasons set forth above and the appellants
have not further disputed the combination of Fa and Foster, the decision of the
examiner to reject claim 3 under 35 U.S.C. § 103 is affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject claim 3 under 35 U.S.C.
§ 103 is affirmed.
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