Ex Parte Mays - Page 2

              Appeal 2007-2818                                                                     
              Application 10/620,731                                                               

          1         Claim 44 under appeal reads as follows:                                        

          2         44.  A method for operating a barrier, such as a gate or garage                
          3         door, to move between open and closed positions, said barrier                  
          4         being operably connected to an operator system including a                     
          5         controller comprising a base control circuit, a radio frequency                
          6         base transmitter and a radio frequency base receiver and plural                
          7         remote control units operable to communicate with said                         
          8         controller, each of said remote control units including a radio                
          9         frequency remote transmitter and a radio frequency remote                      
         10         receiver, said method comprising the steps of:                                 
         11               causing said base transmitter to transmit a radio                        
         12         frequency signal to said remote receivers;                                     
         13               causing said control circuit to effect one of opening and                
         14         closing said barrier depending on whether or not said base                     
         15         receiver receives a signal from at least one of said remote                    
         16         transmitters; and                                                              
         17               causing said barrier to move from a closed position to an                
         18         open position in response to a signal from any one of said                     
         19         remote transmitters and remaining in an open position as long                  
         20         as any one of said remote control units is within a radio                      
         21         frequency communication range of said controller.                              
         22         The Examiner rejected claims 44 and 48 to 56 under 35 U.S.C.                   
         23   § 103(a) as being unpatentable over Cohen in view of Isobe.                          
         24         The prior art relied upon by the Examiner in rejecting the claims on           
         25   appeal is:                                                                           
         26         Isobe   U.S. 5,291,193  Mar. 01, 1994                                          
         27         Cohen  U.S. 6,388,559 B1  May 14, 2002                                         
         28         The Examiner acknowledges that Cohen discloses that his device is              
         29   used to close the door after the remote control has left the receiving and           

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