Ex parte TOGASHI - Page 10




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

          operation.  That is, even if a start bit were added preceding                
          the data information in the APA in view of Suman, the APA                    
          would still use the electric field detector to detect the                    
          transmission, not the start bit, absent some suggestion in                   
          Suman or the knowledge in the art to modify the APA to                       
          identify the idling information to detect a transmission.                    
          Thus, we conclude that the combination of the APA and Suman                  
          does not suggest the limitation that "said control unit                      
          detects a transmission of said remote control signal from said               
          portable transmitter by identifying the idling information"                  
          (emphasis added).                                                            
               Claim 1 also requires "a plurality of digital bits."  The               
          Examiner states that "[o]ne of ordinary skill in the art would               
          have readily recognized [the obviousness of] 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" (FR3).                                          
               Appellant argues that it would not have been obvious to                 
          modify the start bit of Suman to include a plurality of start                
          bits.  It is argued that the system of Suman is always active,               
          so there is no need to increase the number of start bits to                  

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