Appeal No. 96-3681
Application 08/234,450
manufacturer through a potential point-of-sale terminal, this
changeability feature of Johnsen is similar to appellants'
changeability feature of the same information retained by his
disclosed label 10 during its life cycle (Spec. at 5, lines
22-25). In other words, the information in Johnsen is as
permanent as appellants' disclosed record of information is.
There is no structural limitation or attribute that may be
associated with the language “permanent record” of claim 20.
If the item is never sold or never passes through a checkout
of some kind through a point-of-sale terminal or the like in
Johnsen, it remains as permanent as appellants' argument
intends.
We also do not agree with appellants' argument at page 6
of the reply brief with respect to claim 20 on appeal relating
to the expression that the electronic memory is an integral
part of the merchandise item. According to the comprehensive
teachings in Johnsen, Johnsen's tag device 10 is as much an
integral part of the device during its manufacture and
distribution through various warehousing approaches and
eventual arrival at a store for potential sale as is disclosed
and argued by appellants. Again, there is no requirement of
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