Appeal No. 1997-2008
Application No. 08/270,931
mean that they function in the same manner. Nowhere in any of
the three references does any external parameter act on the
transponder, nor is there even any allusion to a sensor.
Since Nysen I, Nysen II, and Skeie do not sense any external
parameters, we find no reason why the skilled artisan would
replace each of their transponders with a sensor element and a
reference element.
In addition, Schwartz teaches (column 1, lines 25-28)
that the built in reference element provides independence from
temperature and positional effects. The high sensitivity and
resolution mentioned in column 1, lines 28-30, result from the
use of semiconductors (see column 1, lines 11-15), not from
the use of a reference element. As to the high stability
referenced in column 1, lines 29-30, Schwartz does not make
clear what part of the invention is responsible for such
higher stability. Thus,
as the examiner's summary of Schwartz's teachings is
erroneous, the rationale for combining the references is
groundless. Consequently, we cannot sustain the rejection of
claim 1, or any of its dependents, claims 2 through 43.
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