Ex Parte FLICK - Page 4




          Appeal No. 2003-0287                                                        
          Application No. 09/034,963                                                  


          2), and the conventional key fob remote transmitter 20 is the only          
          portion of the Suman system that uses a wireless communication              
          technique to make contact with the vehicle (Figure 1).                      
               Sollestre uses a key fob transmitter T that can be placed in a         
          programming mode by depressing certain function keys on the key fob         
          for a minimum period of time (column 2, lines 56 through 62; column         
          8, lines 11 through 18).  The programming mode is used by Sollestre         
          to reprogram the receiver R so that it will accept signals from a           
          different transmitter (Abstract).  The key fob in Sollestre makes           
          use of standard unlock, lock and panic buttons (Figure 1), and does         
          not use switches that maintain a set switch position “until a               
          different switch position is manually set by a user” as claimed by          
          appellant.                                                                  
               With respect to the teachings of Grossheim, we agree with the          
          appellant’s argument (brief, pages 11 and 12) that the personal             
          computer programmer 105 referenced by the examiner (answer, page 6)         
          is connected to the security system via a serial interface cable            
          (column 14, line 56 through column 15, line 3), and does not use            
          wireless technology.                                                        
               In summary, the obviousness rejection is reversed because we           
          agree with the appellant’s arguments (brief, pages 12 and 13) that          
          the applied references “fail to teach or even suggest a portable            

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