Ex Parte Ramsey Catan - Page 21

                Appeal 2007-0820                                                                               
                Application 09/734,808                                                                         
           1    problem at the time of the invention to create a remote control that would                     
           2    reliably ensure that the appropriate person was given access to the system.                    
           3    The use of a fingerprint scanner, such as disclosed in Harada, was an                          
           4    obvious solution to provide a more reliable means of identification than the                   
           5    PIN code of Nakano.  KSR, 127 S.Ct. at 1742, 82 USPQ2d at 1397 (“[o]ne                         
           6    of the ways in which a patent's subject matter can be proved obvious is by                     
           7    noting that there existed at the time of invention a known problem for which                   
           8    there was an obvious solution encompassed by the patent's claims.”)  As                        
           9    such, we sustain the Examiner’s rejection of claims 5-11 and 13-16 as                          
          10    unpatentable over Nakano, Harada, and Dethloff.                                                
          11                                                                                                   
          12                              CONCLUSION OF LAW                                                    
          13          On the record before us, Appellant has failed to show that the                           
          14    Examiner erred in rejecting the claims over the prior art.                                     
          15                                                                                                   
          16                                     DECISION                                                      
          17          The decision of the Examiner to reject of claims 5-11 and 13-16 under                    
          18    35 U.S.C. § 103(a) as obvious over Nakano, Harada, and Dethloff is                             
          19    affirmed.                                                                                      
          20                                                                                                   
          21          No time period for taking any subsequent action in connection with                       
          22    this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).                                 
          23                                     AFFIRMED                                                      
          24                                                                                                   
          25                                                                                                   
          26                                                                                                   

                                                      21                                                       

Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: September 9, 2013