Ex parte HEITSCHEL et al. - Page 7




          Appeal No. 1999-0880                                                        
          Application No. 08/700,610                                                  

          because each one of the prior art rejections relies, at least               
          in part, on Early and we find Early to constitute nonanalogous              
          art.  Early is applied by the examiner for a teaching of a                  
          non-user-changeable code, the examiner concluding that it                   
          would have been obvious to have modified the primary                        
          references, allegedly disclosing user-changeable code, in                   
          order to provide for a plurality of transmitters with non-                  
          user-changeable codes.                                                      
               Early is directed to a key which is “coded” in an optical              
          manner so that when the key is inserted into a lock, a                      
          correctly “coded” key will unlock the lock.  The “coded” key                
          comprises light reflecting means on the key.  When the key is               
          inserted into the lock, these light reflecting means are                    
          located in the path of a laser beam and, if the key is a valid              
          one, light reflected back to a unique pattern of photo-diodes               
          will cause the lock to be unlocked.                                         
               Early is not directed to anything related to garage door               
          opener systems or to controlling a position of a barrier, as                
          claimed.  Early does not employ radio frequency signals nor is              
          Early directed to a remote control of an object since the                   
          “coded” key in Early must be inserted into the lock.                        

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