Ex Parte SATO - Page 8




          Appeal No. 2000-0427                                                        
          Application No. 08/773,173                                                  

          in Dockery.  In our deliberations, controller 20 in Figure 1 of             
          Dockery is considered as the claimed remote commander and                   
          repeaters 24 and 38 together are considered as the claimed                  
          controller, and 10 and 12 are the selected controlled devices.              
          The remote commander 20 sends an infrared signal as a wireless              
          signal to the receiver 26 in the controller, which in turn sends            
          a wireless signal (infrared signal) from the transmitter 42                 
          directed to the selected appliances 10 and 12. Dockery does not             
          explicitly state that commander 20 transmits a signal at a                  
          different frequency than transmitter 42 transmits its signal to             
          the receivers 14 and 16 of the selected appliances 10 and 12.               
          The examiner relies on the admitted prior art that is well known            
          in the art to have these signals be transmitted at different                
          frequencies.  We note that appellant has not questioned the                 
          transmission of the signals at different frequencies in the                 
          briefs.  Rather, appellant attacks the Dockery reference and the            
          admitted prior art individually, and not as a combination.  Thus,           
          appellant states, brief at page 14, that “none of the prior art             
          cited by the Examiner provides each and every limitation claimed            
          in claim 1.”  At the hearing, appellant’s representative stated             
          that Dockery’s device is designed to operate in locations remote            
          from the appliances, and that, if used in the vicinity of the               

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