Ex parte PHARR - Page 6




          Appeal No. 96-3304                                                          
          Application 08/279,565                                                      

               In either case, we do not agree.  First, the movement of               
          Becker’s meter when inserting or removing it from its base is               
          not an input that varies in value over time.  Second, there is              
          nothing in Wakatsuki which would have suggested to one of                   
          ordinary skill in the art that Becker’s meter may be modified               
          such that the drums 21 are responsive to an input that varies               
          over time.  In this regard, it reasonably appears that the                  
          user number bar coded on the label 3 of Wakatsuki does not, in              
          normal use, vary over time.  As such, we will not sustain the               
          examiner’s rejection of claim 1, or claims 2-9 and 11-13 which              
          depend therefrom, under 35 U.S.C. § 103 as being unpatentable               
          over Becker in view of Wakatsuki.                                           
               We turn next to claim 14.  Claim 14 recites a utility                  
          rate meter with a changeable readable indicia which represents              
          energy consumed and a display unit which displays alphanumeric              
          indicia in machine readable format.                                         
               The examiner is of the opinion that it would have been                 
          obvious to one of ordinary skill in the art at the time of the              
          invention to have provided the meter of Becker with a                       
          changeable readable indicia representative of energy consumed               
          in view of the teachings of Wakatsuki.  We do not agree.  We                

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