Ex parte TOGASHI - Page 4




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

               Stouffer                       5,049,867   September 17,                
          1991                                                                         
               Suman et al. (Suman)           5,278,547     January 11,                
          1994                                                                         
               Claims 1, 2, 4-6, 8-12, and 14-21  stand rejected under3                                     
          35 U.S.C. § 103(a) as being unpatentable over the APA and                    
          Suman.  The Examiner finds that Suman discloses a start bit                  
          and unique code before the control signal and concludes that                 
          this would have suggested the desirability of using idling                   
          information in addition to control information in the APA                    
          system (Final Rejection, p. 3).  The Examiner states that                    
          "[o]ne of ordinary skill in the art would have readily                       
          recognized using a plurality of bits instead of only one start               
          bit as in Suman because if a plurality of bits are used the                  
          detection of the activation of the system would be ensured"                  
          (Final Rejection, p. 3).                                                     
               Claim 13 stands rejected under 35 U.S.C. § 103(a) as                    
          being unpatentable over the APA and Suman, further in view of                



            The statement of the rejection in the Examiner's3                                                                       
          Answer refers to claims 1, 2, 4-12, and 14-20 (Examiner's                    
          Answer, p. 4).  This is presumed to be a careless error                      
          because it includes canceled claim 7, and does not include                   
          claim 21.  We rely on the statement of the rejection in the                  
          Final Rejection.                                                             
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