Appeal No. 2003-1827 Page 4
Application No. 09/589,016
Jahrsetz discloses a control system comprising a plurality of actuators 7, such as
switches or buttons, located within the vehicle for actuating electrically-operated
components such as window and door locks, a theft alarm and, where appropriate, a
trunk lock 13. These actuators 7 are electrically connected to the components through
a control unit 2. Alternatively or in addition to the hard-wired actuators 7, a remote
actuating device can be provided in the form of a remote transmitter 8 which can
activate a receiver 9 connected to the control unit 2. The control system can comprise
a transponder interrogation transceiver 14 which is accessible and can be effective from
outside the vehicle and can be mechanically actuated by means of a transponder 15.
The vehicle locks 4 and trunk closure 13 are opened by electric motors.
In rejecting the claims, the examiner has taken the position that it would have
been obvious in view of the combined teachings of Gager and Jahrsetz to provide a
trunk escape actuator in the trunk, as taught by Gager, with a remote closing system as
taught by Jahrsetz in order to retrofit the trunk release system of Gager in a vehicle
having a remote keyless entry system (answer, pages 4-5).
We find no suggestion in the combined teachings of the applied references to
provide a beam-emitting type of actuating element operatively arranged in the trunk as
called for in claim 6. Neither Gager nor Jahrsetz teaches or suggests provision of this
type of actuating element in the trunk. The only beam-emitting actuator disclosed in
either reference is the remote transmitter 8 (transceiver 14) which is effective from
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