Appeal No. 1998-2933
Application 08/439,082
which recites (1) the idling information precedes the data
information, and (2) the control unit and signal receiver are
placed in a continuously activated condition when the control
unit detects the idling information. Claim 1 is very broad
and does not recite that identification of the idling
information controls a receptive state of the signal receiver.
The differences between the subject matter of claim 1 and the
APA are that (1) the APA does not use "idling information
. . . composed of a plurality of digital bits, and (2) claim 1
requires detecting transmission of the remote control signal
by "identifying the idling information," not by detecting an
electric field strength of the data information as in the APA.
In the Examiner's Answer, the Examiner analogizes the
start bit in Suman with the claimed idling information and
states that "one skilled in the art would have readily
recognized that the start bit is used to start the receiver
which in turn basically provides the same function as the
claimed idling information" (EA10-11). Appellant replies that
this is a naked assertion that fails to point to any
suggestion or motivation in the references or in the knowledge
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