Ex parte CHADIMA et al. - Page 2




          Appeal No. 1997-3481                                                        
          Application 08/476,543                                                      

                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from                
          the final rejection of claims 15-26.                                        
               We reverse.                                                            
                                     BACKGROUND                                       
               The invention is directed to a portable bar code reader                
          that can automatically discriminate between a plurality of                  
          different bar code types.                                                   
               Claim 15 is reproduced below.                                          
                    15.  A portable bar code reader system capable of                 
               reading bar codes of a plurality of bar code types, said               
               reader system comprising:                                              
                    (a) a hand-held bar code reader unit;                             
                    (b) said hand-held bar code reader unit having a bar              
               code sensing region, and having a window to be directed                
               toward a bar code of one of a plurality of bar code types              
               in said sensing region and providing for transmission of               
               light between the bar code sensing region and the                      
               interior of said hand-held bar code reader unit;                       
                    (c) a photodetector positioned within said hand-held              
               bar code reader unit for sensing light reflected from a                
               bar code located within said bar code sensing region, so               
               as to generate a bar code signal representing the                      
               illuminated bar code;                                                  
                    (d) said hand-held bar code reader unit having a                  
               light path from the window to the photodetector, said                  
               light path oriented to permit said photodetector to sense              
               light reflected from the bar code along said path while                
               the reader unit is variably spaced from the bar code and               
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