Ex parte TSURUMOTO et al. - Page 11




          Appeal No. 1997-1379                                                        
          Application 08/194,748                                                      

          address unless it is the limitations of the "status request                 
          signals" and "status response signals" in the first and second              
          transmitting and receiving systems.  The Examiner does not                  
          explain why one of ordinary skill in the art would have been                
          motivated to modify Nakamura to provide a status                            
          request/response since Nakamura is an inventory control system              
          in an automatic warehouse which does not require such status                
          signals.                                                                    
               The Examiner also concludes (EA5):  "It would have been                
          obvious to provide Shiomi with the teachings of the                         
          communication system above [of Nakamura as modified by Raj and              
          Anders]."  It is not explained why one of ordinary skill in                 
          the art would have been motivated to use the communication                  
          system of Nakamura, Raj, and Anders (assuming such combination              
          would have been obvious) in place of the system in Shiomi.                  
          What advantage of the system in Nakamura as modified or                     
          disadvantage of the system of Shiomi would have led one                     
          skilled in the art to make a change?                                        
               We do not say that the Examiner's rejection is completely              
          without basis.  For example, Anders discloses that                          
          transmitting and receiving devices may communicate with                     

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