Ex Parte Goetz - Page 14



           Appeal No. 2005-1817                                               Page 14            
           Application No. 09/834,499                                                            

           From the lack of any specific arguments by appellant, and our                         
           agreement with the examiner’s position, we are not persuaded of                       
           any error on the part of the examiner regarding the rejection of                      
           claim 2.  Accordingly, the rejection of claim 2 under 35 U.S.C. §                     
           103(a) is affirmed.                                                                   
                 We turn next to the rejection of claims 5 and 16 under 35                       
           U.S.C. § 103(a) as being unpatentable over Iijima in view of                          
           Takagi and further in view of Tallman.  The examiner (answer,                         
           page 9) relies upon Tallman for a teaching of an input being a                        
           data port configured for connection with an external programming                      
           device, with the external programming device providing the                            
           predetermined access code.  The examiner asserts (id.) that the                       
           modification would have been obvious so as to allow a programming                     
           device to program ID code used in the vehicle theft protection                        
           system.  Appellant provides no specific arguments regarding these                     
           claims, but generically argues (brief, page 24) that hindsight                        
           has been used to make a host of obviousness rejections based on                       
           disparate references and that the claims were used as a guide to                      
           selectively pick and choose elements from the various references                      
           so as to arrive at the claimed invention.  Appellant’s general                        
           assertion regarding the various references applied does not                           
           address why appellant considers the language of claims 5 and 16                       





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