Ex Parte Beigel et al - Page 6




         Appeal No. 2005-0171                                                       
         Application No. 10/064,380                                                 
                                                                                   
         It is this control signal that Carroll’s transponder 40 transmits          
         to controller 10, which extracts this bit-timing data and                  
         utilizes it to develop a bit-timing signal which is embedded in            
         the data transmitted (Carroll, Figure 4B) from the controller 10           
         to the transponder 40.  As we stated in our earlier decision,              
         there is no claimed requirement that the bit-timing control                
         signal originate in Carroll’s controller as argued by Appellants.          
              With respect to claim 71, we also find no error in our                
         original decision which concluded that language in the claim               
         preamble which recites that a bit-timing clock signal originates           
         with the interrogator be given no patentable weight since there            
         is no clear indication that the generation of a bit-timing clock           
         signal in the body of the claim refers back to the claim                   
         preamble.  We don’t necessarily disagree with Appellants’                  
         argument (Request, pages 8 and 9) that there must be an initial            
         establishment of interrogator-tag communication which originates           
         in the interrogator.  It is apparent, however, from our reading            
         of Carroll that, in the ongoing communication between the                  
         controller (interrogator) and the transponder (tag), the                   









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