Ex Parte Lefkowith - Page 6



            Appeal 2007-2312                                                                                
            Application 09/681,815                                                                          
                   7.  DeWolf discloses “[t]ransactions, regarding the exchange of ownership                
            rights, for example, would be incorporated into the system.  Exchanges of objects               
            would then have an audit-able trail that would relate to ownership over time”                   
            (DeWolf p.8, [0090]).  The tracking of exchange of ownership rights can be                      
            applied to the sale of a vehicle (DeWolf p.10, [0101]).                                         

                   8.  DeWolf discloses that “the creator or owner of the initial vehicle asset             
            record, the manufacturer, would grant various access privileges to particular asset             
            records to various individuals and organizations depending on their ownership                   
            status…” (DeWolf [0110]).                                                                       

                                          PRINCIPLES OF LAW                                                 
                   Under 35 U.S.C. § 103, a claimed invention is unpatentable if the                        
            differences between the subject matter sought to be patented and the prior art are              
            “such that the subject matter as a whole would have been obvious at the time the                
            invention was made to a person having ordinary skill in the art.”  KSR Int’l v.                 
            Teleflex Inc., 127 S.Ct. 1727, 1734, 82 USPQ2d 1385, 1391 (2007); Graham v.                     
            John Deere Co., 383 U.S. 1, 13-14, 148 USPQ 459, 466 (1966).                                    
                   In Graham, the Court held that that the obviousness analysis is bottomed on              
            several basic factual inquiries: “[(1)] the scope and content of the prior art are to be        
            determined; [(2)] differences between the prior art and the claims at issue are to be           
            ascertained; and [(3)] the level of ordinary skill in the pertinent art resolved.”  383         
            U.S. at 17, 148 USPQ at 467.  See also KSR, 127 S.Ct. at 1734, 82 USPQ2d at                     
            1391.                                                                                           
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