Appeal No. 97-3194 Page 13
Application No. 08/442,816
appellant's argument (brief, pp. 11-15) that it would not have
been obvious to modify Wood to arrive at the claimed invention
absent impermissible hindsight. See W. L. Gore & Assoc. v.
Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed.
Cir. 1983), cert. denied, 469 U.S. 851 (1984).
The § 103 rejection utilizing Damon in view of Johnson
We find that the examiner has established a prima facie
case of obviousness with respect to the rejection of claims 4,
6, 18, 31 to 36 and 46 under 35 U.S.C. § 103 as being
unpatentable over Damon in view of Johnson, but not the
rejection of claims 37 and 38.
Johnson discloses an automobile steering lock. Johnson
teaches that one problem with prior antitheft devices is that
they appear susceptible to being overcome by physical force or
manipulation. Specifically, Johnson teaches (column 1, lines
43-50) that the locking mechanism of Moore U.S. Patent No.
3,462,982 is exposed, and includes pry points thereabout in
which a crowbar may be inserted in an attempt to overcome such
mechanism and that irrespective of whether such a device can
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