Ex parte BEIGEL et al. - Page 18




          Appeal No. 1997-2455                                                        
          Application 08/318,235                                                      

          evidence of a well-known power supply for a tag which stores                
          power from the transducer.  On page 7 of the answer, the                    
          Examiner asserts that Schuermann teaches that the power is                  
          supplied to the tag when the capacitor reaches a value                      
          necessary for satisfactory operation.  Further, the Examiner                
          asserts that the presence or absence of the RF pulse is not an              
          issue.                                                                      
               We first must determine the scope of the claims.  The                  
          scope of claim 30 includes that the tag has a two stage power               
          developer where:                                                            
               a first portion of the power supplied by the                           
               reader’s carrier being supplied by the power                           
               developer directly to the tag components, a second                     
               portion of the power supplied by the reader’s                          
               carrier being stored by the power developer and                        
               supplied to the tag components when the first                          
               portion is insufficient to power the tag.                              
          Similarly, claim 65 contains the limitation of “a first                     
          portion of the power being used directly to perform the steps,              
          a second portion of the power being stored and used to perform              
          the steps when the first source of power is insufficient.”                  
          Thus, both claims contain limitations that the power developer              
          provides power directly from the transducer to the tag and a                



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