Ex Parte Goetz - Page 21



           Appeal No. 2005-1817                                               Page 21            
           Application No. 09/834,499                                                            

           of the claim.  Accordingly, the rejection of claim 11 under 35                        
           U.S.C. § 103(a) is affirmed.                                                          
                 We turn next to the rejection of claim 12 under 35 U.S.C.                       
           § 103(a) as being unpatentable over Iijima in view of Takagi and                      
           further in view of Weber, Flanagan and Hansen.  The examiner’s                        
           position (answer, page 15) is that “Iijma et al. in view of                           
           Takagi et al., Weber and Flanagan did not explicitly disclose                         
           wherein activation of said override switch causes said latching                       
           relay to remain latched to continuously enable said ignition                          
           system only following actuation of said latching relay by said                        
           relay.”  To overcome this deficiency of the prior art, the                            
           examiner turns to Hansen for a teaching of an override switch,                        
           which when activated, causes the latching relay to remain latched                     
           to continuously enable said ignition system only following                            
           actuation of said latching relay by said relay.                                       
                 Appellant asserts (brief, page 20) that Hansen is not in the                    
           same field of endeavor as a vehicle theft protection system.  It                      
           is asserted (brief, page 21) that an artisan would not have found                     
           the invention of claim 12 obvious without using the claim as a                        
           guide to selectively pick and choose elements and concepts from                       
           the prior art.  From our review of Hansen, we find that the                           
           reference is directed to a circuit breaker relay for use in                           





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