Appeal No. 96-0086
Application 07/979,607
Claims 1 through 22 stand rejected under 35 U.S.C.§ 103 as unpatentable over Katayama.
Reference is made to the brief and answer for the respective positions of appellant and the
examiner.
OPINION
We reverse.
Each of the claims on appeal recites, and requires, at least a testing system or method, wherein
there is some test interface circuitry and a data evaluation, and radio communication between an
interrogator unit and a remote IC chip being tested.
The reference applied by the examiner is directed to a data communication system and method
for an IC card. Katayama is neither concerned with any type of test at all nor with radio
communication, elements and/or steps which are crucial to the instant claimed subject matter.
While the examiner recognizes these deficiencies in Katayama, the examiner contends that it
would have been obvious to modify Katayama to test an IC because “one would want to know
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