Ex Parte Flick - Page 15

                Appeal 2007-1535                                                                                 
                Application 10/626,969                                                                           
                                                                                                                
                precluding the need for dedicated, point-to-point wiring for communicating                       
                with the various vehicle electrical components.                                                  
                       In this regard, one having ordinary skill, facing the wide range of                       
                needs created by developments in the vehicular manufacturing industry (e.g.,                     
                the increased demand for electronic devices in vehicles while at the same                        
                time reducing cost and complexity), would have seen a benefit to upgrading                       
                the wire harness 30 with a data communications bus.10  Moreover, the                             
                effects of demands known to the design community (i.e., reducing vehicle                         
                weight while accommodating increased demand for on-board electronic                              
                devices), along with the prior art teachings noted above and the background                      
                knowledge of the skilled artisan (an electrical engineer with several years of                   
                related industry experience), would have reasonably motivated the skilled                        
                artisan to utilize a data communications bus as a suitable replacement for a                     
                wire harness.11                                                                                  

                  At Least the Independent Claims are Unpatentable Over the Teachings of                         
                                             Boreham and Nykerk                                                  
                       Claims 1, 12, 20, 25, 30, and 37 are rejected under 35 U.S.C. § 103(a)                    
                as unpatentable over Boreham in view of Nykerk.                                                  
                                                                                                                
                10 See KSR, 127 S. Ct. at 1744 (“The proper question to have asked was                           
                whether a pedal designer of ordinary skill, facing the wide range of needs                       
                created by developments in the field of endeavor, would have seen a benefit                      
                to upgrading Asano with a sensor.”).                                                             
                11 See id., at 1740-41 (“Often, it will be necessary for a court to look to                      
                interrelated teachings of multiple patents; the effects of demands known to                      
                the design community or present in the marketplace; and the background                           
                knowledge possessed by a person having ordinary skill in the art, all in order                   
                to determine whether there was an apparent reason to combine the known                           
                elements in the fashion claimed by the patent at issue.”).                                       
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