Ex Parte HENDERSON et al - Page 20




               Appeal No. 1997-1632                                                                   Page 20                   
               Application No. 08/138,555                                                                                       


                      Claim 81 specifies in pertinent part the following limitations: "the memory has                           
               stored therein characterization instructions for a lock, and in which the communications                         
               port and microprocessor comprise means for transferring said instructions to a lock."                            
               Accordingly, the claim requires programing a lock with a key.                                                    


                      The examiner fails to show that Clark ‘296's storage of unlocking codes to permit                         
               a key to open locks teaches or would have suggested programing any of the locks with                             
               the key.  Therefore, we reverse the obviousness rejection of claim 81.                                           


                      Fifth, implying that neither Rode, Tolson, nor Clark ‘296 teaches nor would have                          
               suggested the limitations of claim 82, the examiner asserts, “Bar-on et al teaches                               
               disabling the receiver during certain periods to save the battery's power.”  (Paper                              
               No. 46 at 19.)  The appellants argue, "[t]he examiner did not particularly consider the                          
               limitations of claim 82, and thus proposed no rationale why an artisan would have                                
               arrived at the claimed combinations."  (Paper No. 47 at 22.)                                                     


                      Claim 82 specifies in pertinent part the following limitations: "the memory has                           
               stored therein data corresponding to an expiration date for said key."  The examiner                             
               fails to allege, let alone show evidence, that the combination of references teach or                            









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