Ex parte SHINJI NAKATANI - Page 4




                     Appeal No. 1996-3276                                                                                                                                              
                     Application 07/978,518                                                                                                                                            


                                Reference is made to Appellant’s briefs  and the                                    3                                                                  
                     Examiner's answers for their respective positions.                                                                                                                
                                                                           OPINION                                                                                                     
                                We have considered the record before us, and we will                                                                                                   
                     reverse the rejection of claims 1 and 11 to 25.                                                                                                                   
                                The Examiner has rejected all these claims under 35                                                                                                    
                     U.S.C.  § 103 as being obvious over Ihara in view of Matsuura                                                                                                     
                     and APA.                                                                                                                                                          
                                We first consider claim 1.  After explaining what each                                                                                                 
                     reference discloses, the Examiner concludes that                                                                                                                  
                                The artisan would have arrived at ... (Tmin, ... , N1max,                                                                                              
                     ...) indicated for the pulse counting and idle time measuring                                                                                                     
                     functions simply by performing a routine analysis of the                                                                                                          
                     communications signals and protocol defined in the SAE J1850                                                                                                      
                     standard.  It would then have been a matter of routine skill                                                                                                      
                     for the artisan to adjust the operating parameters of the                                                                                                         
                     Ihara and Matsuura counting and timing circuitry to operate to                                                                                                    
                     determine abnormal performance of the communications signal                                                                                                       
                     transmission [answer, pages 5 to 6].                                                                                                                              
                                The Examiner continues in the objective to establish a                                                                                                 
                     prima                                                                                                                                                             
                       facie case and states                                                                                                                                           



                                3 A reply brief was filed [paper no. 24] and was entered                                                                                               
                     in the record, however, no further response was deemed                                                                                                            
                     necessary by the Examiner [paper no. 25].                                                                                                                         
                                                                                          4                                                                                            





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