Ex parte HORNEMANN et al. - Page 9




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


                          We turn now to the examiner’s rejection under 35 U.S.C.                                                                       
                 § 103.                                                                                                                                 


                          In applying the test for obviousness,  this panel of the           3                                                          
                 board determines that it would have been obvious to one having                                                                         
                 ordinary skill in the art, from a collective assessment of the                                                                         
                 teachings of Claud-Mantle and Poe, to replace the threaded                                                                             
                 keeper  or hood latch adjuster 24 (30, 31, 32) in the vehicle                                                                          
                 environment of Claud-Mantle (Fig. 1) with a known threaded                                                                             
                 latch adjuster configuration as taught by Poe.  From our                                                                               
                 perspective, one having ordinary skill in the art would have                                                                           
                 clearly been motivated to make the aforementioned replacement                                                                          
                 to gain the expected and self-evident benefits  of the                             4                                                   
                 alternative, threaded latch adjuster configuration described                                                                           

                          3The test for obviousness is what the combined teachings                                                                      
                 of references would have suggested to one of ordinary skill in                                                                         
                 the art.  See In re Young, 927 F.2d 588, 591, 18 USPQ2d 1089,                                                                          
                 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208                                                                         
                 USPQ 871, 881 (CCPA 1981).                                                                                                             

                          4In our opinion, Poe can fairly be said to inform those                                                                       
                 versed in the art that the disclosed latch adjuster is a time-                                                                         
                 saver since the patentee expressly seeks to overcome an                                                                                
                 earlier adjustment arrangement that was time consuming (column                                                                         
                 1, lines 14 through 17). (italics added for emphasis)                                                                                  
                                                                           9                                                                            





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