Appeal No. 2002-1280 Application 08/995,996 setting of the user defined code in the transmitter is not related to storing the user defined code in the receiver in either Drori or Karasawa. The examiner's rejection does not address the limitation of "transmitting the user defined code" in a user defined code setting mode even though appellant has argued the limitation several places. Although it may seem like a minor difference, every limitation must be considered in addressing obviousness. See In re Wilder, 429 F.2d 447, 450, 166 USPQ 545, 548 (CCPA 1970) ("every limitation positively recited in a claim must be given effect in order to determine what subject matter that claim defines"). Because the rejection does not address how the limitation of "transmitting the user defined code" in a user defined code setting mode in claim 1 is met by the combination, the examiner has failed to establish a prima facie case of obviousness. This limitation is also found in claims 9 and 12. Claim 5 does not recite "transmitting the user defined code" in a user defined code setting mode, but recites "transmitting the user defined code to the receiver, thereby activating a user defined code setting mode in the receiver " (emphasis added), which is not addressed by the rejection. - 11 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007