Appeal No. 97-4096
Application 08/566,008
in the art to utilize such a strip on the device of
Hoyt to provide machine-readable information which
is easily accessible and which will not be
misplaced, as is common when cards containing such
information must be removed from a holder. (Answer,
pages 3-4).
OPINION
We have carefully reviewed the rejection on appeal in
light of the arguments of the appellant and the examiner. As
a result of this review, we have determined that the applied
prior art does not establish a prima facie case of obviousness
with respect to the claimed subject matter. Therefore, the
rejection of the claims on appeal is reversed. Our reasons
follow.
We are in agreement with the examiner’s finding of fact
that Hoyt teaches a unitary plastic device with a clip and a
flat portion. We are further in agreement with the examiner’s
finding that Hoyt does not teach a data encoded element. With
respect
to Barnes, we are in agreement with the examiner that Barnes
teaches a magnetic strip which is a data encoded element on
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Last modified: November 3, 2007