Ex Parte Flick - Page 10




          Appeal No. 2002-1784                                                        
          Application No. 09/583,333                                Page 10           


          microprocessor 20 connects to the controlled device for turning             
          on the motor of a vehicle, via data communication bus 24, which             
          interfaces with the vehicle wiring.  In addition, claim 4                   
          requires that at least one vehicle device associated with                   
          starting the engine comprises at least one sensor.  Dery (col. 7,           
          lines 10-14) discloses that the controller monitors the location            
          of the state of the shift lever switch 32, in order to prevent              
          cranking of the engine when the vehicle is in other than the park           
          or neutral positions.  This is achieved by sensing the impedance            
          between the conductor 30 at a point between the ignition switch             
          and the shift lever switch to ground.  From the disclosure of               
          sensing the impedance, we find that Dery implies, but does not              
          expressly disclose the use of a sensor.                                     
               Turning to Drew, we find that Drew discloses transmission              
          sensor 54 which prevents the vehicle from being remotely started            
          when the transmission is not in park (col.6, lines 20-27).  From            
          the teachings of Dery and Drew, we find that an artisan would               
          have been motivated to use a sensor in Dery for determining the             
          state of the transmission lever, in order to ensure that the                
          vehicle is not inadvertently turned on when the vehicle is not in           
          the park position.                                                          









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