Ex Parte Goetz - Page 8



           Appeal No. 2005-1817                                                Page 8            
           Application No. 09/834,499                                                            

                 The examiner's position (answer, page 4) is that Iijima does                    
           not disclose the transponder circuit being separate from the                          
           ignition key. To overcome this deficiency of Iijima, the                              
           examiner turns to Takagi for a teaching of a transponder circuit                      
           separate from the ignition key in a vehicle access system.                            
                 Appellants' position (brief, page 10) is that if modified as                    
           advanced by the examiner, Iijima would be unworkable for its                          
           intended purpose and that the Iijima system utilizing a                               
           specialized key suffers from the problems that appellant’s                            
           invention of claim 1 corrects.  It is argued (brief, page 11)                         
           that the invention is to be gauged not only by the extent or                          
           simplicity of the physical change, but also by the perception of                      
           the necessity or desirability of making such changes to produce a                     
           new result.  It is further asserted (brief, page 12) that it is                       
           the cooperative relationship of the claimed elements that                             
           achieves a novel and unobvious benefit of cost savings when                           
           obtaining duplicate keys, and that Iijima fails to express a                          
           motivation for making the modification suggested by the examiner.                     
           It is argued (brief, page 13) that Iijima requires the                                
           specialized key to prevent car theft by shape forgery of the                          
           mechanical key.  It is further argued (id.) that separation of                        
           the transponder from the key is contrary to the express purpose                       





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