Ex parte KRAEUTLER - Page 6




          Appeal No. 98-1243                                                          
          Application No. 08/679,939                                                  


          operating mechanism through a plurality of interlocking dove-               
          tailed elements having one element located on the edge of the               
          door and the other on the operating mechanism.  As shown in                 
          Figure 4, the dove-tailed elements are oriented horizontally,               
          so that they can slidably disengage when subjected to forces                
          transverse to the door.  However, to prevent this from                      
          occurring until a predetermined force is applied, a shear pin               
          is installed perpendicularly to the orientation of the dove-                
          tailed elements, so that separation cannot occur until the                  
          strength of the pin is exceeded and the pin shears.  See                    
          column 2, lines 27-52.                                                      
               Of course, it is axiomatic that the test for obviousness               
          is what the combined teachings of the prior art would have                  
          suggested to one of ordinary skill in the art.  See In re                   
          Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).  In               
          the present case it is our view that, even assuming, arguendo,              
          that the requisite suggestion to combine the references is                  
          present, the combined teachings of the references would not                 
          result in the invention recited in claim 10.  This is because               
          the claim requires that there be a rupturable mechanical                    


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