Ex parte TUTTLE et al. - Page 4




          Appeal No. 96-3086                                                          
          Application No. 08/306,906                                                  


               Claims 46, 47, 66 and 67 stand rejected under 35 U.S.C.                
          § 103 as unpatentable over Marui.                                           
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        


                                       OPINION                                        
               The examiner contends that Marui teaches the transmission              
          of a first RF signal to an RF transponder.  While the examiner              
          never identifies exactly where, in Marui, this is taught, we                
          can agree that in the cellular mobile telephone environment of              
          Marui, such telephones are known to receive RF signals.                     
          Figure 1 of Marui clearly discloses receipt of an RF signal                 
          from antenna 13 through coupler 11 into a receiver 14.                      
               The examiner further contends that the transponder of                  
          Marui receives the RF signal and measures the value of its                  
          signal strength.  Again, we agree.  Column 2, lines 48-54, and              
          the abstract of Marui clearly indicate that signal strength is              
          measured.                                                                   
               The examiner then contends that Marui teaches that the                 
          transponder produces a multiple-bit digital representation of               
          the detected signal strength.  We do not find this position to              
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