Ex Parte Goetz - Page 13



           Appeal No. 2005-1817                                               Page 13            
           Application No. 09/834,499                                                            

           main structural diagram.”  We are not persuaded by appellant’s                        
           assertion because the number of references cited, by itself, is                       
           not evidence of non-obviousness.  It is the teachings of the                          
           references, when applied against the language of the claim as a                       
           whole, that must be considered in the determination of whether                        
           the invention set forth in a claim would have been suggested by                       
           the prior art.  As we address each additional rejection, we will                      
           consider each of the applied references.  Turning to claim 2, we                      
           have no specific arguments presented for this claim.  From our                        
           review of the record, we find that in Iijima the identification                       
           code is transmitted from the transponder (col. 23, lines 43 and                       
           44) and that the identification code is stored in the EEPROM of                       
           the transponder (col. 3, lines 41 and 42).  From this disclosure,                     
           we find that Iijima discloses the transponder to be a radio                           
           frequency data carrier including a memory element for storing the                     
           identification code, as recited in claim 2.  In addition, from                        
           our review of Tuttle, we find from the disclosure (col. 2, lines                      
           38-41) that wireless transponder circuitry 14 comprises RFID                          
           circuitry, including memory.  From our review of the record, we                       
           are in agreement with the examiner, for the reasons set forth in                      
           the answer, that the teachings of Iijima, Takagi and Tuttle would                     
           have suggested to an artisan the invention set forth in claim 2.                      





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