Ex parte GIBSON - Page 8




          Appeal No. 1998-2692                                                        
          Application 08/512,239                                                      


                         transmitter to the receiver at                               
                         standard power (col. 7, lines 50-60).                        
                         This is the opposite from that of the                        
                         subject invention.  In fact, there is                        
                         no incentive for the Boyles et al.                           
                         system to transmit the secure data at                        
                         a reduced power. [brief, page 6].                            
          We do not agree that the teachings of Boyles are as limited as              
          argued by appellant.                                                        
          Boyles teaches one embodiment in which a remote control                     
          transmitter can be adjusted to a substandard or a standard                  
          range of transmission by adjusting the output power level of                
          the transmitter [column 7, lines 40+].  Boyles further teaches              
          that this transmitter can be tuned down (power lowered) and                 
          the vehicle armed by standing proximate to the vehicle so that              
          the [arming] signal does not reach the intercepting equipment               
          of a thief [column 8, lines 5-9].  In our view, the artisan                 
          would have understood these passages of Boyles to suggest the               
          obviousness of transmitting either secure data or operational               
          commands at either a high output power level or a low output                
          power level depending on the level of security desired by the               
          user.  Thus, we do not agree with appellant’s argument that                 
          there is no incentive in Boyles to transmit secure data at a                


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