Appeal No. 2002-1784
Application No. 09/583,333 Page 5
explicitly or inherently. In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
Appellant asserts (brief, page 7) that although Dery uses
the term "bus", the patent fails to teach or suggest a data
communications bus as in the claimed invention. It is argued
(id.) that Dery discloses a conventional wiring arrangement to
actuate the controlled devices shown in figure 2, and that in
Dery, the remote starter interfaces with the controlled devices
through conventional vehicle wiring and not through a data
communications bus as claimed.
The examiner's position (final rejection, page 2) is that
bus 24 of Dery is a data communications bus because (final
rejection, page 8) it interfaces between the microprocessor unit
and various vehicle components to carry out various controls.
The examiner concludes (id.) that the bus is inherently a data
communications bus for communicating with various components of
the vehicle.
We find that the issue before us with respect to the claims
rejected under 35 U.S.C. § 102(e) is whether bus 24 of Dery is a
data communications bus. As stated by the court in In re Hiniker
Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523, 1529 (Fed. Cir. 1998)
“[t]he name of the game is the claim.” Claims will be given
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