Ex Parte DeMaio et al - Page 5



             Appeal 2006-3408                                                                                    
             Application 10/885,524                                                                              
             Arguments which Appellants could have made but chose not to make in the Briefs                      
             have not been considered and are deemed to be waived.  See 37 C.F.R.                                
             § 41.37(c)(1)(vii) (2004).                                                                          

                                            FINDINGS OF FACT                                                     
                   We find the following enumerated findings to be supported by at least a                       
             preponderance of the evidence.  Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427, 7                      
             USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary standard                     
             for proceedings before the Office).                                                                 

                   1. Titterton teaches a motorcycle wheel disk lock reminder system with a                      
                       disk lock adapted for attachment to a wheel of a motorcycle.  The                         
                       reminder system also includes a reminder unit with an insertion tab                       
                       outwardly extending from an inner face of the reminder unit.  The                         
                       insertion tab can be inserted into (1) a slot in the disk lock; or (2) an                 
                       ignition keyhole of the motorcycle after removal from the slot in the disk                
                       lock to prevent insertion of an ignition key without prior removal of the                 
                       reminder unit.  (Titterton, col. 4, ll. 3-13).                                            
                   2. The reminder unit of Titterton includes a head portion 21 (referred to as                  
                       dome-shaped arcuate outer face), an offset loop portion 24 (referred to as                
                       a rectangular side tab) having a circular hole 25, and a key blank portion                
                       22 (referred to as an insertion tab).  The offset loop portion is designed                
                       for extending a flexible elongate element such as a string, cord, strap, or               
                       small chain therethrough to permit attachment of the reminder unit to an                  
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