Ex Parte HENDERSON et al - Page 3




               Appeal No. 1997-1632                                                                    Page 3                   
               Application No. 08/138,555                                                                                       


                      A further understanding of the invention can be achieved by reading the following                         
               claim:                                                                                                           
                              80. In an electronic key for use with an electronic lock, the key and                             
                      lock being distinct from one another and movable relative thereto, the key                                
                      including a microprocessor, a battery coupled to the microprocessor, a                                    
                      memory coupled to the microprocessor, a keypad including at least the                                     
                      digits 0-9, the keypad being coupled to the microprocessor, and a                                         
                      communications port for sending signals to the lock, an improvement                                       
                      comprising:                                                                                               
                              a receiver for receiving electromagnetic radio frequency signals;                                 
                      and                                                                                                       
                              a decoder coupled to the receiver for providing data corresponding                                
                      to a received radio frequency signal to the memory to change data stored                                  
                      therein;                                                                                                  
                              wherein characteristics of the key can be programmed remotely.                                    


                      Claims 45, 46, 48, 50-53, 55-60, 68-70, and 73-80 stand rejected under the                                
               judicially created doctrine of obviousness-type double patenting as unpatentable over                            
               claims 1 and 2 of U.S. Patent No. 5,245,652 (“Larson”) alone and over Larson in view                             
               of U.S. Patent No. 3,337,992 (“Tolson”).  Claim 54 stands rejected under the doctrine                            
               as unpatentable over claim 1 of U.S. Patent No. 5,602,536 (“Henderson”).                                         
                      Claims 45, 46, 48, 50, 51, 55-57, 59, and 60 stand rejected under 35 U.S.C.                               
               § 103 as obvious over U.S. Patent No. 4,415,893 (“Roland”) in view of Tolson.                                    
               Claim 47 stands rejected under § 103 as obvious over Roland or U.S. Patent No.                                   
               4,760,393 (“Mauch '393") in view of Tolson further in view of U.S. Patent No. 4,236,068                          







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