Ex parte MCGONIGAL et al. - Page 5




          Appeal No. 96-3264                                                          
          Application No. 08/361,163                                                  


          (Brief, page 9; Answer, page 4).                                            
               With respect to the claimed receiver circuitry for                     
          intermittently connecting the power source to the receiver,                 
          the examiner concludes (Answer, pages 4 and 5) that:                        
                    Although the claimed circuitry for the                            
               intermittent connecting means is not shown by                          
               Livingstone, it is old and well known in the art of                    
               remote controlled devices as an obvious design                         
               choice to construct the claimed intermittent                           
               connecting means.  For example, the use of a second                    
               (or auxiliary) power source to operate the pulse                       
               generator independently of the receiver power source                   
               is an obvious matter of choice in design only as                       
               evidenced by the applicant’s lack of use of a second                   
               (or auxiliary) power source in claim 22.                               
                    Further, the relevant OR gate, pulse generator,                   
               and receiver connections as well as the presence of                    
               an R-C circuit are old and well known in the art of                    
               detection of remote controlled signals and further,                    
               the claimed commonly-used elements in the circuit                      
               are not connected/structured in any way that would                     
               display any new or unexpected result from the                          
               connections used in prior detection circuits.  For                     
               example, the receiver 100, diode 104, and R-C                          
               circuit as shown in Fig. 6 are typical of the old                      
               and well known AM detector circuit.  Further, it is                    
               commonly known that R-C circuitry has been used as a                   
               peak detection circuit (see applicant’s                                
               specification - p. 13, lines 10-12).                                   
               There is not a scintilla of evidence in the record to                  
          support any of the examiner’s conclusions.  “Allegations                    
          concerning specific ‘knowledge’ of the prior art, which might               

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