Appeal 2006-0342
Application 09/944,893
Notwithstanding that the references fail to teach an active
network, the applicants admit that the term active network
describes a known network type. See Appendices B, C and D.
(Br. 9, last paragraph).
In addition, we find Tennenhouse specifically discloses the use of data
encryption at page 3, left column, line 1. We note we have found supra that
a more secure vehicle network would have been suggested to an artisan in
accordance with the need to have a secure means of locking and unlocking
electronic vehicle door and trunk latches. We have also found supra that
Pogue’s use of a symbol encoder and decoder at least suggests some form of
data encryption. We note the Examiner has taken the motivation to modify
Pogue directly from the Tennenhouse reference at page 1, left column,
Introduction, second paragraph (see Answer 6).
We again note that under DyStar, the test is whether the ordinary
artisan possesses knowledge and skills rendering him capable of combining
the prior art references to realize a combination that is “stronger, cheaper,
cleaner, faster, lighter, smaller, more durable, or more efficient.” See 464
F.3d at 1368, 80 USPQ2d at 1651. In the instant case, we find the ordinary
artisan who possessed knowledge and skills relating to vehicle computer
systems would have been capable of combining Pogue’s vehicle network
system with Tennenhouse’s active network (and data encryption) in the
manner suggested by the Examiner for the purpose of realizing a more
secure and reliable vehicle network system.
Therefore, we conclude the Examiner has met the burden of
establishing a prima facie case of obviousness. Accordingly, we will sustain
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