Ex parte PHARR - Page 7




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

          find no motivation in the applied prior art to modify the                   
          tamper indicating mechanism disclosed in Becker so that the                 
          display unit displays changeable readable indicia                           
          representative of energy consumed.  Indeed, there would be no               
          reason to make this change as the apparatus disclosed in                    
          Becker includes a metering mechanism 5 for measuring                        
          electrical power consumption (see column 3, lines 54-65).  As               
          such, we will not sustain this rejection as it is directed to               
          claim 14 and dependent claims 15-22.                                        
               Turning next to the examiner’s rejection of claims 10 and              
          23 under 35 U.S.C. § 103 as being unpatentable over Becker and              
          Wakatsuki and further in view of Munday, the examiner cites                 
          Munday for disclosing a liquid crystal diode for display                    
          means.  According to the examiner, 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 as modified                  
          with Wakatsuki with a display means including a liquid crystal              
          diode in order to better place readable information in                      
          readable form.  Even if we were to agree with the examiner’s                
          proposed modification of Becker in view of Munday, the                      
          tertiary reference does not remedy the deficiencies noted                   

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