Appeal No. 96-3681
Application 08/234,450
claim 20 that the electronic memory form an integral part of a
purchased item as discussed earlier with respect to
independent claim 21 on appeal. We also note again that if
the item is never sold or otherwise passed through a point-of-
sale terminal in Johnsen, it still remains an “integral part”
of the merchandise item to the same extent argued by
appellants. To the extent broadly recited and argued, the
earlier noted teachings at column 4, lines 66 through column
5, line 19 indicate that Johnsen's tag device 10 forms an
“integral part” the merchandise item in Johnsen to the same
extent as claimed. This noted portion as well as the entire
substantive teaching in Johnsen conveys that Johnsen's tag
device 10 becomes a constituent part of the merchandise item
as the ordinary meeting of “integral” conveys.
In view of the foregoing, the decision of the examiner
rejecting claims 1 through 6 and 19 through 22 under 35 U.S.C.
§ 102 is sustained only as to claim 20. We have, therefore,
reversed the rejection of claims 1 through 6, 19, 21 and 22.
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