Ex Parte WINNER - Page 10




            Appeal No. 2000-0328                                                                       
            Application No. 08/863,345                                            Page 10              


            means of Chang are activated during the same period of time.                               
            Although we find that in Drori the flags associated with the                               
            triggers and sensors are set when tampering occurs, and agree                              
            with appellant that the tamper indicating LED panel of Drori is                            
            activated in response to entry of a DISARM or IDENTIFY                                     
            subroutine, we find that the claimed tamper indicating means is                            
            disclosed by Chang.  Thus, we find that Chang and Fuller suggest                           
            the language of claim 1, and consider Drori to be surplusage.  We                          
            are not persuaded by appellant's assertion (brief, page 9) that                            
            the prior art does not teach forewarning the vehicle owner that                            
            the vehicle has been tampered with prior to the vehicle owner                              
            reentering or approaching the vehicle, because the claim does not                          
            require this limitation.  Nothing in the language of claim 1                               
            requires the tamper indicating means to be activated after the                             
            alarm means is deactivated.  From all of the above, we will                                
            sustain the rejection of claim 1.  Accordingly, the rejection of                           
            claim 1, and dependent claims 3-19 which fall with claim 1, under                          
            35 U.S.C. § 103(a) is affirmed.                                                            
                  Turning next to independent claim 20, appellant (brief, page                         
            12) presents the same arguments with respect to claim 1 and adds                           
            that claim 20 "patentably distinguishes from claim 1 by providing                          
            dual mechanical and electrical anti-theft devices which further                            







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