Ex parte HYATT et al. - Page 9




          Appeal No. 95-0143                                                          
          Application 07/865,849                                                      


          SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237,              
          1239 (Fed. Cir. 1995), citing W. L. Gore & Assocs., Inc. v.                 
          Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309 (Fed. Cir.            
          1983), cert. denied, 469 U.S. 851 (1984).  In addition, the                 
          Federal Circuit reasons in Para-Ordnance Mfg v. SGS Importers               
          International, 73 F.3d at 1087-88, 37 USPQ2d at 1239-40, that for           
          the determination of obviousness, the court must answer whether             
          one of ordinary skill in the art who sets to solve the problem,             
          and who had before him in his workshop the prior art, would have            
          been reasonably expected to use the solution that is claimed by             
          the Appellants.                                                             
               To answer this question, we first must determine what the              
          prior art places before the skilled artisan in his workshop.                
          Pogue teaches in column 1, lines 39-57, that one of the                     
          objectives of the invention is a high level of security even if             
          all communications can be monitored and all aspects of the design           
          are known.  Pogue also teaches that another objective of their              
          invention is that one key may be used with an unlimited number of           
          locks.  Pogue teaches that each unit can operate at very low                
          power and complete the normal functions in a fraction of a                  
          second.                                                                     


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