Ex Parte WINNER - Page 9




            Appeal No. 2000-0328                                                                       
            Application No. 08/863,345                                             Page 9              


                  Claim 1 recites "tamper indicating means separate from said                          
            alarm means for indicating tampering with said vehicle, and means                          
            for activating said tamper indicating means in response to said                            
            sensing means sensing tampering with said vehicle."  We find that                          
            LED 143 of Chang meets the claimed tamper indicating means                                 
            separate from said alarm means because Chang discloses alarm 15                            
            to be "first alarm means" and separately discloses LED 143 as an                           
            alarm display.  Although the alarm means and the alarm display                             
            are both simultaneously activated, claim 1 does not distinguish                            
            between tamper and alarm means that operate contemporaneously,                             
            and tamper means that are activated after the period of time that                          
            the is activated.  In appellant's invention, the alarm is speaker                          
            56 and the tamper indicator is pulsed lamp 62 (specification,                              
            page 8).  In addition, of note is the statement in appellant's                             
            specification (id.) that "[w]hile the activation of the strobe                             
            light is preferably contemporaneous with deactivation of the                               
            audible alarm signal, it will be appreciated that the strobe                               
            light can be activated at any time after tampering is detected                             
            and, accordingly, could be activated contemporaneously with                                
            activation of the alarm signal."  In Chang, we find that the                               
            alarm is first alarm means 15 and the tamper indicator is LED 143                          
            which flashes.  Similarly, both the alarm and tamper indicating                            







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