Appeal No. 95-0868
Application 07/987,552
detection threshold level for detecting the digital data" requires that all receivers detect the digital data at
the same time in order to meet the subsequent limitation of determining the "receivers that have accurately
detected the digital data." We agree that the two mode (high gain/low gain) receiver in Davis can be
broadly considered to be two receivers even though only one receiver can operate at a time due to the
receivers sharing common amplifier stages. However, since the receivers in Davis can operate only one
at a time they do not simultaneously receive and detect the digital data and the interpretation of a receiver
switchable between two modes as two receivers does not fit the claim language.
Third, Davis does not check which receivers (high gain or low gain or both) have accurately
detected data and therefore does not select from among the "receivers that have accurately detected the
digital data." The examiner states that "[a]s described in Davis et al. at col. 5, if the low gain mode will
receive the signal accurately, then the low gain mode is utilized, and if the low gain mode will not receive
the signal accurately, then the high gain mode will be tested to determine if the high gain mode will receive
the signal accurately" (Examiner's Answer, pages 2-3). As appellant correctly points out (Reply Brief,
page 2): "There is no testing as to whether a signal is accurately received in determining which gain mode
to employ." The selection of gain mode in the Davis receiver is based on time and whether the tags 18
sense emitted signals from transmitter heads 20, not the accuracy of the detected digital data. See Davis,
column 5, lines 21-28. Furthermore, since the receivers in Davis must operate one at a time there is no
way that Davis could determine the "receivers that have accurately detected the digital data" since this is
based on a comparison between the detected signals from the different receivers.
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Last modified: November 3, 2007