Ex Parte THURIES et al - Page 9




                  Appeal No. 2002-0333                                                                                                                    
                  Application No. 09/127,713                                                                                                              


                  parameterization scheme taught by Wilz “because this would separate the functions of                                                    
                  the reader between data collection and programming, preventing the reader from being                                                    
                  accidentally re-programmed during data collection” (answer-page 6).                                                                     
                           Whether or not it would have been obvious to combine Wilz and Poland, it is clear                                              
                  from the examiner’s employment of Poland that Poland does not remedy the deficiency                                                     
                  of Wilz as outlined supra.  Accordingly, we also will not sustain the rejection of claim 4                                              
                  under 35 U.S.C. §103 over Wilz and Poland.                                                                                              
                           The examiner’s decision is reversed.                                                                                           
                                                                     REVERSED                                                                             




                                                      KENNETH W. HAIRSTON )                                                                               
                                                      Administrative Patent Judge                  )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                                      ERROL A. KRASS                               )     APPEALS                                          
                                                      Administrative Patent Judge                  )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                      JOSEPH L. DIXON                              )                                                      
                                                      Administrative Patent Judge                  )                                                      


                  EAK/vsh                                                                                                                                 
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