Appeal 2006-3408
Application 10/885,524
Claim 10 is a combination which only unites old elements with no change in
their respective functions and which yields predictable results. Thus, the claimed
subject matter likely would have been obvious under KSR. In addition, neither
Appellants’ Specification nor Appellants’ arguments present any evidence that the
addition of a key ring to a motorcycle wheel disk lock reminder system is uniquely
challenging or difficult for one of ordinary skill in the art. Moreover, the key ring
of Montano is a technique that has been used to improve one device (the door lock
message holder of Montano), and one of skill in the art would recognize that it
would improve similar devices in the same manner.
Because Appellants have not shown that the application of the Montano key
ring to the motorcycle wheel disk lock reminder system of Titterton would have
been beyond the skill of one of skill in the art, we find using the technique would
have been obvious. Under those circumstances, the Examiner did not err in
holding that it would have been obvious to one having ordinary skill in the art at
the time the invention was made to replace the flexible elongate chain, strap, string
or cord in the motorcycle wheel disk lock reminder system of Titterton with the
key ring of Montano as an obvious matter of design choice to provide further
attachment means as desired (Answer 3-4). Because this is a case where the
improvement is no more than the predictable use of prior art elements according to
their established functions, no further analysis was required by the Examiner.
KSR, 127 S.Ct. at 1740, 82 USPQ2d at 1396. Claims 11 and 12 were not argued
separately, and fall with claim 10. See 37 C.F.R. § 41.37(c)(1)(vii). See also In re
Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991).
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