Appeal No. 2005-2315 Παγε 3
Application No. 10,311,180
The examiner has rejected the claims under 35 U.S.C. § 103 as being
unpatentable over Heard in view of Kremer. We initially note that the test for
obviousness is what the combined teachings of the 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).
Heard describes a device for tightening caps on containers in which the
containers are fed from a infeed starwheel 14 to a turntable 10 and rotated on the
turntable so that the peripheral surface 11 of the containers comes in contact with a
curved stationary friction surface 41 which engages a closing head 70. The closing
head is surrounded by a hysteresis ring 74 and permanent magnets 73 which rotate as
the cap is screwed onto the container (col. 3, lines 24 to 50; col. 5, lines 15 to 47;
Figures 1 and 2). The containers and the permanent magnets stop rotating once they
come out of contact with the stationary friction surface 41 (Figure 1).
Kremer describes a device for measuring the torque in a steering wheel shaft so
as to control the operation of a power assist device (col. 1, lines 6 to 9). A detector 13
senses the position of a permanent magnet 12 which rotates with the rotation of the
steering column and thereby indicates when the power assist device is needed (col. 5,
lines 13 to 32).
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