Ex Parte ERLAND - Page 7



          Appeal No. 1998-2864                                                        
          Application No. 08/338,235                                                  

          of data for a specific monitored parameter in contrast to mere              

          display of data related to a given diagnostic mode” [principal              
          brief-page 9].                                                              
               We do not find appellant’s arguments persuasive.                       
               While Kobayashi does not employ radio communication because            
          of the proximity of the portable device to the vehicle, and so              
          non-wireless communication is the preferred embodiment in that              
          environment, appellant does not deny the obviousness of employing           
          wireless communication in certain applications.  In those                   
          situations where portable diagnosis devices are not so proximate            
          to the unit under diagnosis, it would appear then that even                 
          appellant would agree that artisans would have found it obvious             
          to use wireless communications.  Accordingly, even though                   
          Kobayashi uses non-wireless communication, the skilled artisan              
          would have understood that for more distant applications, a                 
          wireless communication system, such as radio communication, would           
          have been employed.  Even in Kobayashi, while wireless                      
          communication might be more costly and possibly cause some                  
          interference problems, triggering the decision of a designer to             
          employ non-wireless communication, the artisan still would have             
          understood that wireless communication is an option, the choice             
                                         -7–                                          




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