Ex parte HORNEMANN et al. - Page 7




                 Appeal No.  1999-1486                                                                                                                  
                 Application No.  08/670,806                                                                                                            


                          In our opinion, appellants have an overly narrow                                                                              
                 perspective of the second prong of the two-part test for                                                                               
                 determining whether a reference document is analogous or non-                                                                          
                 analogous prior art. More specifically, appellants argue in                                                                            
                 the revised brief (page 9) that they have addressed and solved                                                                         
                 the problem of providing a simplified, easily adjustable                                                                               
                 locking arrangement for a motor vehicle hood, while Poe is                                                                             
                 directed to the problem of adjusting the tension of an                                                                                 
                 externally adjustable latch assembly for receiving flush                                                                               
                 mounted hinged or removable panels on aircraft. We, however,                                                                           
                 perceive from the background section of the present                                                                                    
                 application (pages 1 and 2) that, at the time of the present                                                                           
                 invention, it was known to adjust the height of a locking top                                                                          
                 part relative to an engine hood, and that appellants sought to                                                                         
                 overcome problems with a known adjuster (several adjusting                                                                             
                 plates).  Thus, as we see it, the problem faced by appellants                                                                          
                 was to find a simpler, alternative adjuster configuration that                                                                         
                 did not have a problem (high time expenditure) attendant to                                                                            
                 the known adjuster.   With the above in mind, it is apparent2                                                                                                    

                          2In the specification (page 2), appellants specify that                                                                       
                 an object of the invention is                                                                                                          
                                                                           7                                                                            





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