Ex Parte Hauck et al - Page 8




              Appeal No. 2005-1123                                                                     Page 8                 
              Application No. 10/062,921                                                                                      


                      Hosono is analogous art with respect to the invention recited in claim 15, as both                      
              Hosono and claim 15 are from the field of remote control units.  Moreover, even if                              
              Hosono were not considered to be from the same field of endeavor as the invention of                            
              claim 15, Hosono is still reasonably pertinent to the particular problem which the                              
              appellants’ invention seeks to solve, namely, permitting the operator to direct the remote                      
              control beam at just one receiver when one or more actuators are placed in close                                
              proximity to one another (see appellants’ specification, page 1, and the discussion of                          
              Hosono above).  Therefore, Hosono qualifies as analogous art with respect to the                                
              appellants’ invention under either of the two established criteria.                                             
                      For all of the above reasons, we shall sustain the examiner’s rejection of claim                        
              15, as well as claims 2-4, 6-8, 16-19 and 21-23 which stand or fall with claim 15, as                           
              being unpatentable over Kovach in view of Hosono.                                                               




                                                      CONCLUSION                                                              
                      To summarize, the decision of the examiner to reject claims 2-4, 6-8, 15-19 and                         
              21-23 under 35 U.S.C. § 103 is affirmed.                                                                        













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