Appeal No. 2005-1817 Page 8 Application No. 09/834,499 The examiner's position (answer, page 4) is that Iijima does not disclose the transponder circuit being separate from the ignition key. To overcome this deficiency of Iijima, the examiner turns to Takagi for a teaching of a transponder circuit separate from the ignition key in a vehicle access system. Appellants' position (brief, page 10) is that if modified as advanced by the examiner, Iijima would be unworkable for its intended purpose and that the Iijima system utilizing a specialized key suffers from the problems that appellant’s invention of claim 1 corrects. It is argued (brief, page 11) that the invention is to be gauged not only by the extent or simplicity of the physical change, but also by the perception of the necessity or desirability of making such changes to produce a new result. It is further asserted (brief, page 12) that it is the cooperative relationship of the claimed elements that achieves a novel and unobvious benefit of cost savings when obtaining duplicate keys, and that Iijima fails to express a motivation for making the modification suggested by the examiner. It is argued (brief, page 13) that Iijima requires the specialized key to prevent car theft by shape forgery of the mechanical key. It is further argued (id.) that separation of the transponder from the key is contrary to the express purposePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007