Ex parte HYATT et al. - Page 16




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


          lock are retrofitting existing safes locks, house door locks and            
          hotel room door looks.  These retrofit applications present the             
          same problems that Clark has solved in that it is not convenient            
          to provide a power supply for these existing locks when retro-              
          fitting these locks with the Todd system.  Therefore, we find               
          that those skilled in the art would have found it desirable to              
          use the Clark system of providing the power from the power supply           
          provided in the key in the Todd system in order to solve the                
          problem of providing power to the lock.                                     
               Appellants further argue on pages 17 and 18 of the brief               
          that Todd’s applications are convenient to provide power to the             
          lock.  We disagree.  Todd teaches, as pointed out above, that the           
          application is for retrofitting mechanical locks in safes, house            
          doors and hotel room doors.  Under these conditions, there is not           
          a convenient way to provide power to the lock.                              
               Appellants argue that Todd teaches away from the proposed              
          modification because Todd teaches powering the key from a battery           
          in the lock.  However, we do not find that this teaching by                 
          itself teaches to those skilled in the art to power the lock from           
          a power source in the lock as the only way to provide power.                
          Todd does not teach that it would not be just as advantageous to            



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