Ex parte TOMIOKA - Page 4




          Appeal No. 96-1480                                                          
          Application No. 08/179,779                                                  


               defining a data code support having a surface with at                  
          least one predetermined unit of surface area delineated                     
          thereon, said at least one predetermined unit of surface area               
          being divided into four equal regions having similar                        
          dimensions, each region of said four regions constituting a                 
          unitary recording area and portraying a different binary                    
          notation commencing with the lowest order of binary notation                
          and thereafter successive binary notations, said lowest order               
          of binary notations being depicted by a unitary recording area              
          or region being shaded to represent the lowest order of a                   
          binary notation value of a group of selected binary notation                
          values, the remainder of said regions selectively being shaded              
          to depict any one of a predetermined number of selected                     
          notation values;                                                            
               placing an apparatus for reading a data code on said                   
          defined data code support adjacent said defined data code                   
          support;                                                                    
               directing light signals onto said data code support from               
          a light source of said apparatus for reading the data code of               
          said data code support;                                                     
               receiving the reflected or transmitted light signals from              
          said light source directed onto said data code support by said              
          apparatus for reading the data code;                                        
               simultaneous with said receiving step, corresponding said              
          light signals received by said apparatus for each shaded                    
          region being read by said apparatus as 1, and for each region               
          being not so shaded as 0, such that said data code on said                  
          data code support is read directly into digital signals.                    
               In response to the examiner’s statement (final rejection,              
          page 2) that “Claims 6-28 are rejected as set forth                         
          previously,” appellant states (Brief, page 2) that “it is not               
          clear how new Claims 23 through 28 are rejected ‘as set forth               

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