Appeal No. 96-3681
Application 08/234,450
Appellants have appealed to the Board from the examiner's
final rejection of claims 1 through 6 and 19 through 22, which
constitute all the claims remaining in the application.
Representative claim 1 is reproduced below:
1. A label for a merchandise item comprising:
an electronic memory containing a permanent record of
information about the item;
wherein the memory is permanently affixed to the
merchandise item.
The following reference relied on by the examiner:
Johnsen 5,151,684 Sept. 29, 1992
Inasmuch as the existing art rejections from the final
rejection were withdrawn in the answer, claims 1 through 6 and
19 through 22 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Johnsen in a new ground of rejection set forth
in the initial answer. The rejection of certain claims under
the second paragraph of 35 U.S.C. § 112 set forth in this
initial answer was withdrawn in the supplemental answer in
view of the amendment filed on April 2, 1996 with the reply
brief, both of which have been entered by the examiner.
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