Ex parte FRARY - Page 9




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


          transponder 112.  Relative position is obviously taught within              
          35 U.S.C. § 103 in Juengel in the manner claimed based upon                 
          the selectability or non-selectability of an individual tool                
          bit as it rotates around past the transceiver 114.                          
               We reach an opposite conclusion and reverse the rejection              
          of independent claim 17 and its dependent claim 18 since this               
          method claim goes beyond a mere determination of relative                   
          position of the robotic hand assembly to include the                        
          adjustment of the relative position based upon the return                   
          signal from the transponder at the transceiver.   Even in view              
          of the examiner's arguments with respect to the adjustability               
          feature, Juengel is silent as to utilizing any signals                      
          received by the transceiver 114 from the transponder 112 for                
          relative position adjustments.                                              
               In view of the foregoing, we sustain the rejection of                  
          claims 1 through 16, but reverse the rejection of claims 17                 
          and 18.  Therefore, the decision of the examiner is affirmed-               
          in-part.                                                                    
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
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