Ex Parte Goetz - Page 9



           Appeal No. 2005-1817                                                Page 9            
           Application No. 09/834,499                                                            

           of the Iijima system, and the obviousness is derived not from the                     
           prior art, but only from appellant’s disclosure.                                      
                 From our review of the record, including the arguments                          
           presented by appellant and the examiner, we find that the issue                       
           before us is whether it would have been obvious to have separated                     
           the transponder of Iijima from the ignition key, in view of the                       
           combined teachings of Iijima and Takagi.  As acknowledged by both                     
           appellant and the examiner, Iijima does not disclose this                             
           feature.  From our review of Takagi we find that although                             
           Takagi’s embodiment of figure 1 shows the transponder 18a to be                       
           located within key 18, Takagi discloses (col. 6, lines 66 and 67)                     
           that “[t]he transponder 18a may be provided separately from the                       
           key 18.”  From this disclosure of Takagi, we find that the                            
           reference discloses alternatives of having the transponder be                         
           either within the key or separate from the key.  From the                             
           alternatives presented, we agree with the examiner that an                            
           artisan would have been taught that these two alternatives are                        
           interchangeable and that an artisan would either form the                             
           transponder within the key, or form the transponder separate from                     
           the key.  We find the disclosure of Takagi to be an express                           
           suggestion of making the transponder separate from the key, and                       
           that the disclosure of Takagi would have taught an artisan that                       





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