Ex Parte Barber et al - Page 4

                Appeal 2007-0205                                                                             
                Application 09/812,302                                                                       
                4.       Claims 4-6, 16-20, 22-26, 43-47, 49, 53, 56-58, 62, 63, 66, 67, and                 
                   77-813 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                      
                   over Su and Lowe.                                                                         
                5.       Claim 31 stands rejected under 35 U.S.C. § 103(a) as being                          
                   unpatentable over Su, Lowe, and Zimmermann.                                               
                6.       Claims 50-53 and 55 stand rejected under 35 U.S.C. § 103(a) as                      
                   being unpatentable over Su, Lowe, and Allen.                                              
                      Rather than reiterate the opposing arguments, we refer to the Briefs                   
                and the Answer for the respective positions of Appellants and the Examiner.                  
                      We affirm.                                                                             
                                                                                                            
                                      THE ISSUE                                                              
                      1.    35 U.S.C. § 102 Rejection                                                        
                      To show that the Examiner erred in rejecting the claims under                          
                35 U.S.C. § 102(a), Appellants argue that the devices disclosed in Su use                    
                wired prototypes and merely indicate whether the device is present or not,                   
                instead of actually “locating” the device (Reply Br. 10).  Appellants further                
                contend that even if such detection in Su meets the “locating” limitation of                 
                the claims, detecting the device in combination with the wireless                            
                communication capability is not disclosed (id.).  Therefore the issue turns on               
                whether Su teaches the claimed subject matter including locating the device                  
                by receiving a wireless transmission, as recited in claim 1.                                 




                                                                                                            
                3  The rejection appears to have been intended to include claims 75 and 76.                  

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