Appeal No. 2002-1598 Page 3
Application No. 09/596,975
Claims 37 and 38 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Booth and the Official Notice raised with regard to claim 21, taken further with
Official Notice that providing an airwave link between two antennas is conventional.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the Answer
(Paper No. 11) and the final rejection (Paper No. 6) for the examiner's complete
reasoning in support of the rejections, and to the Brief (Paper No. 10) and Reply Brief
(Paper No. 12) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
The appellant’s invention is directed to a method of controlling a toy vehicle. The
invention is set forth in claim 21 in the following manner:
A method comprising:
receiving video from a toy vehicle;
automatically identifying an image element in said video; and
using said image element to automatically control the vehicle.
The Rejection Under The First Paragraph Of Section 112
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