Ex Parte Burleson et al - Page 10


           Appeal No. 2006-3093                                                  Page 10            
           Application No. 10/754,306                                                               


                 The examiner disagrees [answer, pages 10-12].  The examiner notes that             
           Shintani is relied upon to teach the controlled device sending remote device             
           information to the remote control and Kitao is relied upon to teach the controlled       
           device is responding to a signal (i.e., a trigger signal) sent from the remote control   
           where the response signal transmitted from the controlled device includes device         
           and function information [answer, page 10, cont’d page 11].  The examiner                
           maintains that it would have been obvious to a person of ordinary skill in the art to    
           modify Shintani to receive Kitao’s control code table from a remote control              
           interface of an electronic device to eliminate the memory space required to store        
           numerous device code and associated control code tables onboard the remote               
           control [answer, page 12].                                                               
                 At the outset, we do not agree with appellants’ assertion that Shintani fails to   
           teach or suggest the remote (i.e., controlled) devices send out a response signal        
           (i.e., to the remote control) where the received response signal includes remote         
           device information [see brief, page 9].  We find that appellants arguments have          
           narrowly focused on a single (i.e., passive) embodiment disclosed by Shintani.  In       
           particular, we note the language of Shintani’s claim 3 (as copied in appellants’         







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