Ex parte FRARY - Page 8




          Appeal No. 1996-3084                                                        
          Application 08/168,167                                                      


          to the subject matter of claim 1 with the further feature                   
          recited that additional elements permit determining the                     
          relative positioning of the transceiver means and the selected              
          label based on attributes of the signal received by the                     
          transceiver means from the transponder.  We sustain the                     
          rejection of this claim for the reasons set forth by the                    
          examiner and note further that appellant has presented no                   
          arguments with respect to dependent claims 10 through 15.                   
               Even a brief study of Juengel indicates that at least                  
          with respect to the showing in Figure 7 of the transceiver 114              
          communicating with each of the tools 104 via transponder unit               
          112 therein as they rotate about the drum or magazine 102 for               
          selection of the tool in accordance with the known prior art                
          teachings identified as conventional in the art in the                      
          discussion beginning at column 4, line 49, the ability to                   
          select between rotation tool bits determines relative position              
          based upon received signals.  Appellant's brief summary of                  
          Juengel at the top of page 8 even recognizes that Juengel is                
          an interrogation-response-based system which generally even                 
          uses the term “transponder and transceiver” indicating                      
          bidirectional communications exist between transceiver 114 and              
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