Ex parte WEIGL et al. - Page 9




          Appeal No. 2000-0341                                                        
          Application No. 08/849,169                                                  


          proper use of the vehicle.  In our view, to replace the                     
          physical communication in Keating between the external                      
          computer 12 and the on-vehicle card reader unit 22 by the                   
          wireless communication of Uekusa                                            
          would have been obvious for an artisan because it would have                
          enabled the operator of the vehicle to get the authorization                
          from the base station 12 without a time consuming and                       
          inconvenient trip back to the base station.                                 
               We would further like to add that the Keating reference                
          teaches all the elements which are claimed in claim 3 except                
          for the wireless communication, contrary to the arguments by                
          Appellants.  For example, Appellants argue, reply brief at                  
          page 3, that "claim 3 terminates in a 'wherein' clause  which               
          specifies .... In a Keating system that has been modified to                
          accommodate requests for lease extensions by radio, in                      
          contrast, the renter could request an extension whenever he or              
          she made a conscience, volitional decision to do so, without                
          regard to a predetermined limit value for a vehicle use                     
          parameter."  We are not persuaded by this argument.  Whereas                
          it is true that the operator of the vehicle could make a                    
          volitional decision and obtain a reauthorization on the car                 
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