Appeal 2007-2031
Application 10/905,818
providing powered apparatus to raise and lower the cover and to provide springs to
assist raising the cover by manual power (Answer 8). We also note that Faber, not
relied on in this rejection but relevant to the knowledge of one of ordinary skill in
the art at the time the invention was made, teaches the interchangeability of various
hand-powered actuating units for either hydraulic or pneumatic actuators (Finding
of Fact 6). 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.
CONCLUSIONS
We conclude that Appellant has not shown that the Examiner erred in
rejecting claims 17-26 under 35 U.S.C. § 103(a).
DECISION
The decision of the Examiner to reject claims 17-26 under 35 U.S.C.
§ 103(a) is affirmed.
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