Ex Parte Goetz - Page 17



           Appeal No. 2005-1817                                               Page 17            
           Application No. 09/834,499                                                            

           the system of Iijima rewritable through a rewriting tool that                         
           uses RF communications, in light of the teachings of the applied                      
           prior art.  Although we have relied upon the references in a                          
           manner that is not identical to how the references were applied                       
           by the examiner, we find that the prior art would have suggested                      
           to an artisan the language of claim 6.  Accordingly, the                              
           rejection of claim 6 under 35 U.S.C. § 103(a) is affirmed.                            
                 We turn next to the rejection of claims 7 and 17 under 35                       
           U.S.C. § 103(a) as being unpatentable over Iijima in view of                          
           Takagi and Strohbeck.  No specific arguments have been presented                      
           for these claims by appellant.  Accordingly, we select claim 7 as                     
           being representative of the group.  Claim 7 relates to the system                     
           being actuated by more than one transponder, where there is a                         
           second transponder and a second identification code that is                           
           received by the controller, for actuating the relay.  The                             
           examiner (answer, pages 10, 11, 19 and 20) relies upon Strohbeck                      
           for this feature.                                                                     
                 From our review of Strohbeck, we find that this reference is                    
           directed to a keyless access and/or drive authorization system                        
           that includes a plurality of transponders (col. 1, lines 28-34                        
           and 50-55; and col. 3, line 58 through col. 4, line 4).  From the                     
           disclosure of Strohbeck, we agree with the examiner, for the                          





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