Ex parte TOGASHI - Page 15




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

          remote control signal by identifying said idling information"                
          or "wherein the signal processing unit does not include an                   
          electric field detector," the Examiner has failed to establish               
          a prima facie case of obviousness.  The rejection of                         
          claims 11-20 is reversed.                                                    

          Claim 21                                                                     
               Claim 21 does not recite that the idling information                    
          comprises a plurality of digital bits.                                       
               Claim 21 recites "wherein, in response to the presence of               
          said idling information in one of the successive plurality of                
          reception signals, said control unit continuously generates                  
          said control signal such that the data information of the                    
          received remote control signal is transmitted from the signal                
          processing unit to the control unit."  We do not find a                      
          suggestion in Suman to continuously generate a control based                 
          on the presence of idling information.  Accordingly, we                      
          conclude the Examiner has failed to establish a prima facie                  
          case of obviousness.  The rejection of claim 21 is reversed.                 

               NEW GROUND OF REJECTION PURSUANT TO 37 CFR § 1.196(b)                   



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