Ex parte CHRISTIE - Page 6




            Appeal No. 1998-1257                                                                         
            Application 08/337,095                                                                       

            second signal.  According to the appellant’s specification,                                  
            this differentiation in range of transmission combats and                                    
            deters unauthorized code-grabbing or interception of the                                     
            security code.                                                                               
                  The examiner relied on Lindmayer for teaching the remote                               
            transmission of two signals to a vehicle, one of which changes                               
            the status of the vehicle security system.  The problem,                                     
            however, is that according to Lindmayer, the range of                                        
            transmission of the signal changing the vehicle’s locking and                                
            anti-theft security status is greater than that of the second                                
            signal which does not affect the status of the vehicle’s                                     
            locking and anti-theft functions.  In column 3, lines 39-44,                                 
            Lindmayer states:                                                                            
                  Thereby, the receivable output power of the hand-                                      
                  held transmitter and its range when controlling the                                    
                  convenience function (KB) are clearly reduced                                          
                  compared to its relatively large range for the                                         
                  control of the locking (ZV) and the anti-theft (EDW)                                   
                  functions.                                                                             
            The appellant is correct that Lindmayer teaches the exact                                    
            opposite of the appellant’s claimed feature concerning the                                   
            range of transmission of the control signals.                                                
                  The examiner improperly ignored a critical difference                                  
            between the appellant’s claimed invention and the disclosure                                 
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