Ex Parte DeMaio et al - Page 4



             Appeal 2006-3408                                                                                    
             Application 10/885,524                                                                              
                1. Claims 10-121 are rejected under 35 U.S.C. § 103(a) as unpatentable over                      
                   Titterton in view of Montano.                                                                 
                2. Claim 13-14 are rejected under 35 U.S.C. § 103(a) as unpatentable over                        
                   Titterton in view of Montano and further in view of Fields or De Forrest. 2                   

                                                    ISSUE                                                        
                   The issue before us is whether Appellants have shown that the Examiner                        
             erred in rejecting the following claims under 35 U.S.C. 103(a):  (1) claims 10-12 as                
             unpatentable over Titterton in view of Montano; and (2) claims 13-14 as                             
             unpatentable over Titterton in view of Montano and further in view of Fields or                     
             De Forrest.  The correctness of the above rejections turns on whether the secondary                 
             references may properly be combined with Titterton to provide (1) a motorcycle                      
             disc lock reminder and a motorcycle disc lock held together by a key ring which                     
             passes through said head portion and over said locking pin; and (2) a warning light                 
             or LED.                                                                                             
                   Rather than repeat the arguments of Appellants and the Examiner, we make                      
             reference to the Briefs and the Answer for their respective details.  Only those                    
             arguments actually made by Appellants have been considered in this decision.                        
                                                                                                                
             1 The Examiner originally rejected claims 10-12 and 14 as unpatentable over                         
             Titterton in view of Montano.  In the Answer, he corrected the rejections to group                  
             claim 14 with claim 13, from which it depends (Answer 4).                                           
             2 The Examiner listed this rejection as over Titterton in view of Fields or De                      
             Forrest, but it is clear from his findings in support of the rejection that he also                 
             relied on Montano (Answer 8).  Accordingly, we review this rejection over the                       
             combination of Titterton, Montano, and Fields or De Forrest.                                        
                                                       4                                                         



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