Ex Parte Flick - Page 12

                Appeal 2007-1535                                                                                 
                Application 10/626,969                                                                           
                                                                                                                
                references to communicating with the instrument panel and the ignition line.                     
                In short, we see no reason why the serial data bus could not extend                              
                throughout the vehicle to facilitate data communication with various vehicle                     
                devices using the bus.                                                                           
                       Notwithstanding these teachings in Boreham, we cannot sustain the                         
                Examiner’s rejection of representative claim 1 based on the record before us,                    
                particularly in light of the shortcomings of the other cited prior art and the                   
                Examiner’s rationale in combining the four cited references in the manner                        
                proposed.  We are therefore constrained by the record before us to reverse                       
                the Examiner’s rejection of representative claim 1 and claims 2, 3, 6, 8, 12-                    
                14, 17, 19-23, 25, 28-32, 35, 37, and 40 which fall with claim 1.  Since the                     
                teachings of either Hwang ‘697 or Issa do not cure the deficiencies noted                        
                above, we likewise reverse claims 4, 15, 26, 33, and 38 and claims 5, 7, 16,                     
                18, 24, 27, 34, 36, and 39 for similar reasons.                                                  
                       The Examiner, however, has cited two references, Boreham and                              
                Nykerk, which provide strong evidence of unpatentability for the reasons                         
                indicated below.  Accordingly, we enter new grounds of rejection under 37                        
                C.F.R. § 41.50(b) on these and other prior art teachings.                                        


                           New Grounds of Rejection Under 37 C.F.R. § 41.50(b)                                   
                  At Least the Independent Claims are Unpatentable Over the Teachings of                         
                       Nykerk In View of Appellant’s Admitted Prior Art, Voss, or Leen                           
                       Claims 1, 12, 20, 25, 30, and 37 are rejected under 35 U.S.C. § 103(a)                    
                as unpatentable over Nykerk in view of Appellant’s admitted prior art in the                     
                Specification or Voss or Leen.                                                                   


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