Appeal No. 97-3194 Page 22
Application No. 08/442,816
The § 103 rejection utilizing Damon in view of Lipschutz
We find that the examiner has established a prima facie
case of obviousness with respect to the rejection of claims 9,
10, 13 to 17, 19 and 20 under 35 U.S.C. § 103 as being
unpatentable over Damon in view of Lipschutz.
Lipschutz discloses an antitheft device for motor
vehicles. In Figures 2-4, Lipschutz teaches to apply the
antitheft device to a two-wheeled motor vehicle. In Figures
5-7, Lipschutz teaches to apply the antitheft device to a
four-wheeled motor vehicle. In the embodiment of the
antitheft device shown in Figures 8-9, Lipschutz teaches (page
5, lines 7-9) that a bellows 33 "ensures the protection for
portion A and prevents the user from being in contact with the
shaft 17."
The examiner determined (answer, p. 5) that it would have
been obvious to one of ordinary skill in the art at the time
the invention was made to place an expandable protective
sleeve around the notched locking rod of Damon in a manner set
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