Ex Parte BIRCHFIELD et al - Page 9




          Appeal No. 2002-1281                                                        
          Application No. 08/857,711                                                  


          transmission.  Further, the examiner relies on Nose for a vehicle           
          remote control system wherein the vehicle is programmed to switch           
          or enable/disable different codes for controlling the vehicle.              
          The examiner cites Keller for a teaching of each remote                     
          transmission incrementing a code in a receiver to a different               
          code for comparison to the next code transmitted, for improving             
          security by preventing intercepted previous transmissions.  See             
          page 4 of the answer.                                                       
               Incredibly, and without any convincing reason for doing so,            
          other than possible hindsight, the examiner finds, from these               
          cited teachings, that it would have been                                    
               obvious...to have combined the remote controlled relay                 
               for bypassing a resistor key disclosed by Cantrell with a              
               transponder key system of the admitted prior art wherein               
               a second transponder rather than a second resistor is                  
               selectively enabled by the relay in order operate [sic]                
               with the security system because the resistor and                      
               transponder are obvious substitutions for providing                    
               authorized codes and the transponder includes known                    
               advantages such as contactless communication which                     
               overcomes errors caused by incomplete contact connection”              
               (answer-pages 4-5).                                                    
               The examiner’s reasoning, even if arguably acceptable, does            
          not address the claim limitation of a “fourth coil” and its                 
          specifically claimed interconnection with the second transponder            
          and the relay.                                                              


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