Ex parte TOGASHI - Page 3




          Appeal No. 1998-2933                                                         
          Application 08/439,082                                                       

               of a plurality of digital bits comprising only one of                   
               logical one and logical zero information; and                           
                    a signal receiver for receiving said remote control                
               signal, said signal receiver including:                                 
                         a signal processing unit for processing said                  
                    received remote control signal; and                                
                         a control unit for controlling a receptive state              
                    of said signal receiver in response to the processed               
                    remote control signal, and for monitoring the active               
                    condition of at least one sensor mounted on said                   
                    vehicle;                                                           
                         wherein said control unit detects a transmission              
                    of said remote control signal from said portable                   
                    transmitter by identifying the idling information                  
                    supplied from said signal processing unit.                         

               The Examiner's rejection relies on the admitted prior art               
          (APA), specifically, Appellant's figures 7 and 8, described in               
          the Background of the Invention (specification, pages 1-8),                  
          and the comparison of the prior art to the present invention                 
          (specification, page 17, lines 6-22, and page 18, lines                      
          22-25), and the following prior art:2                                        



            The Examiner's Answer cites Nicholas et al.2                                                                       
          (Nicholas), U.S. Patent 5,193,210, issued March 9, 1993, as                  
          one of the references relied upon in the rejection of the                    
          claims on appeal.  However, we find no mention of Nicholas in                
          the statement of the rejection in either the Final Rejection                 
          or the Examiner's Answer and, thus, it will not be considered.               
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