Appeal 2007-2312 Application 09/681,815 7. DeWolf discloses “[t]ransactions, regarding the exchange of ownership rights, for example, would be incorporated into the system. Exchanges of objects would then have an audit-able trail that would relate to ownership over time” (DeWolf p.8, [0090]). The tracking of exchange of ownership rights can be applied to the sale of a vehicle (DeWolf p.10, [0101]). 8. DeWolf discloses that “the creator or owner of the initial vehicle asset record, the manufacturer, would grant various access privileges to particular asset records to various individuals and organizations depending on their ownership status…” (DeWolf [0110]). PRINCIPLES OF LAW Under 35 U.S.C. § 103, a claimed invention is unpatentable if the differences between the subject matter sought to be patented and the prior art are “such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art.” KSR Int’l v. Teleflex Inc., 127 S.Ct. 1727, 1734, 82 USPQ2d 1385, 1391 (2007); Graham v. John Deere Co., 383 U.S. 1, 13-14, 148 USPQ 459, 466 (1966). In Graham, the Court held that that the obviousness analysis is bottomed on several basic factual inquiries: “[(1)] the scope and content of the prior art are to be determined; [(2)] differences between the prior art and the claims at issue are to be ascertained; and [(3)] the level of ordinary skill in the pertinent art resolved.” 383 U.S. at 17, 148 USPQ at 467. See also KSR, 127 S.Ct. at 1734, 82 USPQ2d at 1391. 6Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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