Ex Parte Hauck et al - Page 5




              Appeal No. 2005-1123                                                                     Page 5                 
              Application No. 10/062,921                                                                                      


                      Hosono explains that the visible laser beam is provided to overcome the problem                         
              in the prior art that, if there were a number of devices which received the same remote                         
              control format within a close distance in a room, the control extended to devices besides                       
              the target device (translation, page 2).  Previous attempts to overcome this problem by                         
              providing separate function keys for each device made the transmitter complex and the                           
              provision of a slide switch to switch control between different devices A to C was                              
              inconvenient, as it required the user to slide the switch with each change of the                               
              operating devices A to C (translation, page 3).  Hosono points out that the visible light                       
              beam permits the user to confirm whether the transmitted remote control signal, which                           
              is not visible to the human eye, is accurately directed toward the target device                                
              (translation, page 4).  Accordingly, the infrared light signal need not be emitted in a wide                    
              range as was necessary in the prior art (translation, page 3).                                                  
                      Hosono discloses each and every element of claim 15.  Specifically, Hosono                              
              discloses a remote control transmitter, for controlling a target device, comprising a laser                     
              beam emitter 6 (means for emitting a visible light beam) and an infrared light emitter 5                        
              (means for emitting an encoded light beam), wherein the encoded infrared beam is                                
              superimposed on the visible light beam (see Figure 4), the encoded infrared beam                                
              carrying commands to the target device (translation, page 5, and claims 1 and 5 of                              
              Hosono).  Claim 15 does not recite a window covering.  The language “for controlling a                          
              window covering” and “to move the window covering” constitutes intended use.  It is well                        
              settled that the recitation of an intended use for an old product does not make a claim to                      






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