Appeal No. 2002-1119
Application 09/455,064
downwardly along the outside of the window, through the entry
space (38), under the bottom edge of the window and ultimately
into the interior of the vehicle, where a short hook portion (22)
is then positioned to engage a door lock switch or lever (50).
The examiner utilizes the Weinraub patent for its teaching
of a plastic wedge (col. 5, lines 35-36), urging that it would
have been obvious to one of ordinary skill in the art “to provide
the invention of Konopacki/Fenner with the prying tool being made
of plastic material” (answer, page 5). Even if we were to accept
such a modification of the metal prying tool involved in the
examiner’s proposed combination of Konopacki and Fenner, we see
nothing in Weinraub which overcomes the above-noted deficiency in
the basic combination of the prior art as applied against claim 3
on appeal. Thus, the examiner’s rejection of dependent claim 4
under 35 U.S.C. § 103(a) as being unpatentable over Konopacki,
Fenner and Weinraub will not be sustained.
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