Ex parte SOENEN et al. - Page 9




          Appeal No. 1997-0884                                                        
          Application 08/260,148                                                      

          reconfigurable integrated circuit that can receive and store                
          access codes and transmit access codes, not just that such has              
          not been admitted in the specification.  The Examiner states                
          (EA3):  "The admitted prior art shows that an IC can be                     
          configured as a receiver to receive and store access codes.                 
          The IC can also be configured as a transmitter to transmit                  
          codes."  Because Appellants deny that it was known prior art                
          to them to have a reconfigurable integrated circuit that can                
          receive and store access codes and transmit access codes, the               
          Examiner errs in relying on the APA for these limitations and,              
          thus, the obviousness rejection is flawed from the start.                   
               The combination of the APA and Lindmayer does not render               
          the claimed subject matter obvious.  Lindmayer is discussed in              
          connection with the anticipation rejection.  Neither the APA                
          nor Lindmayer discloses a reconfigurable integrated circuit                 
          that can receive and store access codes and transmit access                 
          codes.  While Lindmayer may set a flag when a transmitter has               
          been used at least once, the flag is not used to modify the                 
          code (claim 1) or deny transmission of the access code                      
          (claim 3) upon reconfiguration of the integrated circuit as a               
          transmitter.  Therefore, the Examiner has failed to establish               

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