Ex Parte Goetz - Page 19



           Appeal No. 2005-1817                                               Page 19            
           Application No. 09/834,499                                                            

           specific arguments by appellant, we are not convinced of any                          
           error on the part of the examiner.  Accordingly, the rejection of                     
           claim 10 under 35 U.S.C. § 103(a) is affirmed.                                        
                 We turn next to the rejection of claim 11, rejected under 35                    
           U.S.C. § 103(a) as being unpatentable over Iijima in view of                          
           Takagi and further in view of Weber and Flanagan.  Claim 11,                          
           which depends from claim 10, is directed to an override switch in                     
           communication with an input of the latching relay wherein                             
           activation of the override switch causes the latching relay to be                     
           latched to continuously enable the ignition system.  The examiner                     
           (answer, pages 14 and 15) turns to Flanagan for a teaching of “an                     
           override switch (10)(i.e. a magnetic relay acts as an override                        
           switch) in communication with an input of said latching relay                         
           wherein activation of said override swtich (10) causes said                           
           latching relay (26)(i.e. a latching switch) to be latched to                          
           continuously enable said ignition system (col. 3 lines 39-66; see                     
           Figure 1) in order to permit the automobile to start.”                                
           Appellant’s position (brief, pages 19 and 20) is that appellant                       
           does not dispute that override switches and relays are known, but                     
           asserts that claim 11 is directed to a new combination of                             
           elements, and that the prior art does not teach or suggest the                        







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