Ex Parte Mays - Page 3

              Appeal 2007-2818                                                                     
              Application 10/620,731                                                               

          1   transmitting range while the invention recited in claim 44, for example,             
          2   requires that the device open the door in response to a signal from a remote         
          3   control and remain open as long as the remote control is within transmitting         
          4   range.  However, the Examiner finds that Cohen discloses the concept and             
          5   technology of the claimed invention and it would be well within the purview          
          6   of one of ordinary skill in the art to modify the device in Cohen in such a          
          7   way as to arrive at the claimed invention.                                           
          8         The Examiner relies on Isobe for disclosing a plurality of remote              
          9   control units.                                                                       
         10         The Appellant contends that Cohen does not disclose the method steps           
         11   recited in the appealed claims.                                                      
         12                                                                                        
         13                                   ISSUE                                                
         14         Has Appellant shown that the Examiner erred in determining that the            
         15   steps of the claimed subject matter would have been obvious in view of the           
         16   teachings of Cohen and Isobe.                                                        
         17                                                                                        
         18                            FINDINGS OF FACT                                            
         19                                                                                        
         20         Cohen discloses a method for operating a barrier which includes a              
         21   control circuit 110, a base transmitter 212, a base receiver 210 and a remote        
         22   device 170.  The control unit 110 includes an automatic barrier closing              
         23   function (col. 2, ll. 43 to 44).  The control circuit 110 is programmed to           
         24   monitor whether the barrier is closed and whether the remote device 170 is           
         25   within range of the control unit 110 (col. 2, ll. 44 to 46).  If it is determined    
         26   that the barrier is open and the remote control device 170 is out of range, as       

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