Ex parte FRARY - Page 2




          Appeal No. 1996-3084                                                        
          Application 08/168,167                                                      




               Representative claim 16 is reproduced below:                           
               16.  A physical volume comprising:                                     
               a housing;                                                             
               a computer readable medium mounted in said housing for                 
          storing data; and                                                           
               an electromagnetic transponder, attached to said housing,              
          having a non-volatile memory configured to store data                       
          associated with the physical volume.                                        
               The following reference is relied on by the examiner:                  
          Juengel                  4,742,470                May 3, 1988               
               Claims 1 through 18 stand rejected under 35 U.S.C. § 103.              
          As evidence of obviousness, the examiner relies upon Juengel                
          alone.2                                                                     
               Rather than repeat the positions of the appellant and the              
          examiner, reference is made to the brief and the answer for                 
          the respective details thereof.3                                            
                                       OPINION                                        

               An outstanding rejection of certain claims under the second paragraph2                                                                     
          35 U.S.C. § 112 as set forth in the final rejection was withdrawn by the    
          examiner as noted at pages 2 and 5 of the answer.                           
               Appellant's reply brief filed on March 25, 1996 has been denied entry3                                                                     
          by the examiner in the communication dated April 5, 1996, as well as the    
          Interview Summary form issued on April 17, 1996. Therefore, we have not     
          considered it in our deliberations.                                         
                                          2                                           





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