Ex parte LOGAN - Page 9




          Appeal No. 95-5059                                                          
          Application 08/157,872                                                      


          opening in registration with a fuel access port in the vehicle,             
          as is added to the basic structure by claim 5.                              
               However, such a feature was known in the prior art at the              
          time of the appellant’s invention, as exemplified by Jacobson               
          (see the fuel opening, unnumbered, in Figures 1 and 2).  It would           
          have been obvious to one of ordinary skill in the art to modify             
          the Daimler Benz unit by adding such an access opening in                   
          registration with an access port on the vehicle, suggestion being           
          found in the self-evident advantages thereof, such as permitting            
          the continued use of the existing fuel port, which would have               
          been known to the artisan, who is presumed to possess a                     
          reasonable level of skill rather than the lack thereof.  See In             
          re Sovish, 769 F.2d 738, 742, 226 USPQ 771, 774 (Fed. Cir. 1985).           
               Claim 11 adds to claim 1 the limitation that the extension             
          unit be secured to the vehicle via an adhesive, and independent             
          claim 12 effectively adds the same limitation to the structure              
          also recited in claim 1.  Daimler Benz discloses securing the               
          unit to the vehicle by means of fasteners that fit through                  
          openings in the vehicle body.  Jacobson discusses several means             
          for attaching panels to the outer surface of a vehicle, including           
          fasteners (column 1), and suggests a preference for using an                
          adhesive at the edges (column 2, lines 32 and 33).  From our                

                                          9                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007