Ex Parte Pieczynski - Page 10

                Appeal No. 2007-0800                                                                           
                Application No. 10/066,267                                                                     
                motivated to combine Muenchow’s device with Eppley’s remote power                              
                source.                                                                                        
                      Both power sources are attached to the tip-ups by similar attachment                     
                means.  (See Eppley, Figures 2-4, item 28; Muenchow Figure 1, and col. 3,                      
                ll. 60-65 (“The . . . light system 25 is secured to the arm 19 of the tipup flag               
                alert 17 by a pair of circular bands 73, which may be flexible rubber                          
                rings.”).)  Eppley’s power source can be replaced by simply removing the                       
                source and attaching a new one.  However, because Muenchow’s power                             
                source is contained within an enclosure (Muenchow, Figure 3), the                              
                additional steps of disassembling and reassembling the enclosure are                           
                required in order to reattach the power source to the tip-up.  We therefore                    
                agree with the Examiner (Answer 4) that Eppley’s remote power source is                        
                more convenient that Muenchow’s.                                                               
                      Eppley’s remote power source also provides the advantage of easy                         
                deactivation, allowing the user to conserve the power source when it is not                    
                needed.  (Eppley, col. 3, ll. 44-47 (“To preserve the power source during                      
                other than low light hours or hours of darkness, the light device is                           
                deactivated by simply removing battery clip 24 from battery 25.”).)                            
                      Because Eppley’s remote power source has distinct advantages                             
                compared to Muenchow’s, we agree with the Examiner that the references                         
                can be properly combined.                                                                      
                      Appellant further argues that “in this very crowded area of                              
                technology, improvements, which the non-artisan may view as minor, are                         
                still significant and patentable.”  (Br. 13)  We are not persuaded by this                     
                argument.                                                                                      



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