Ex Parte BIRCHFIELD et al - Page 10




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


               Moreover, we find no reason, and the examiner has not                  
          convinced us of one, as to why the skilled artisan would have               
          sought to combine the references in any manner so as to result in           
          the instant claimed subject matter.  It is not clear why                    
          resistors and transponders are considered to be “obvious                    
          substitutions” by the examiner.  We find nothing in the cited               
          references suggesting a modification to APA so as to result in              
          the use of a second transponder and a fourth coil, wherein the              
          fourth coil is wrapped around the second transponder and a relay            
          is connected to normally disable the second transponder and                 
          prevent transmission of a second code to a controller when the              
          passive anti-theft system is in operation, but to enable the                
          second transponder, by opening terminal ends of the fourth coil,            
          to allow transmission of the second code to the controller when             
          the remote starting system is in operation.                                 
               Accordingly, we will not sustain the rejection of claims 1-            
          21, 44 and 45 under 35 U.S.C. § 103.                                        
                                     CONCLUSION                                       
               We have not sustained either the rejection of claims 8 and             
          18 under 35 U.S.C. § 112, second paragraph, or the rejection of             
          claims 1-21, 44 and 45 under 35 U.S.C. § 103.                               


                                        -10–                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007