Ex Parte Hauck et al - Page 3




              Appeal No. 2005-1123                                                                     Page 3                 
              Application No. 10/062,921                                                                                      


                                                         OPINION                                                              
                      In reaching our decision in this appeal, we have given careful consideration to                         
              the appellants’ specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by the appellants and the examiner.  For the reasons                           
              which follow, we sustain the examiner’s rejection.                                                              
                      Appellants have opted to group all of their claims together for purposes of this                        
              appeal (brief, page 2) and have presented arguments as to the patentability of the                              
              claims without regard to any particular claim.  Therefore, we shall decide this appeal on                       
              the basis of representative claim 15, with claims 2-4, 6-8, 16-19 and 21-23 standing or                         
              falling therewith.  See In re Wiseman, 596 F.2d 1019, 1021-1022, 201 USPQ 658, 660                              
              (CCPA 1979); In re Burckel, 592 F.2d 1175, 1178-1179, 201 USPQ 67, 70(CCPA                                      
              1979); In re Hellsund, 474 F.2d 1307, 1309-1310, 177 USPQ 170, 172(CCPA 1973).                                  
                      The examiner has rejected claim 15 as being unpatentable over Kovach in view                            
              of Hosono.  Kovach discloses an infrared (IR) transmitter (remote control unit) 218                             
              having UP and DOWN buttons 220a, 220b used to remotely activate a window shade                                  
              106 provided with a motor 122 mounted in the head rail 102 thereof for driving a reel                           
              shaft 124 which in turn causes movement of a lift cord 120' to raise or lower the blind.                        
              The window shade is also equipped with an interface module having an IR receiver 216.                           
                      According to Kovach, in a preferred embodiment, the IR transmitter 218 is                               
              provided with a two-position channel selection switch 222, which allows a user to                               
              choose between two channels A and B.  Kovach teaches that “[t]he channel selection                              






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