Ex parte RIFKIN - Page 4




                Appeal No. 1999-1782                                                                                                    
                Application 08/853,790                                                                                                  


                on opening of the container.  However, we do not consider that the combination of Kerr and Hayward                      

                would have rendered obvious the particular apparatus recited in claim 1, for several reasons.                           

                        In the first place, claim 1 calls for "a random number generator and a display therefor which is                

                activated each time the mechanism is locked"  (emphasis added).  The apparatus disclosed by                             

                Hayward does not operate in this manner, since the random number generator is activated when the                        

                mechanism is closed and/or opened, rather than when it is locked.  Thus, in Hayward's Fig. 1                            

                embodiment, a random number is generated when knob 34 is moved "to the locking position" (col. 5,                       

                lines 9 to 11), but the mechanism is not locked until a padlock is inserted through hole 54 (col. 4, lines              

                15 to 20).  In Hayward's Fig. 6 embodiment the random number generator has no connection to the                         

                lock, but simply is activated whenever the switch on shutter (door) 100 moves past actuator 126 on the                  

                vehicle body (col. 5, lines 53 to 60).                                                                                  

                        Second, we agree with appellant that there is nothing in Hayward which would have suggested                     

                to one of ordinary skill that the electronic module having the random number generator be combined in                   

                a case with the locking member of Kerr to form a unitary assembly at the upper corner of the pouch, as                  

                claimed.  The random number generator of Hayward is not combined in an assembly with the container                      

                and lock, but rather is either used as a seal, being                                                                    






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