Appeal No. 1997-3481
Application 08/476,543
scanners to be used for a wide variety of symbols; for
example, the Distribution Symbol, the UPC symbol and its
add-ons, or other types of linear-bar symbols.
Appellants argue that this merely suggests that laser
scanners can be configured to read different code types, but
does not teach a reader which automatically identifies and
reads different code types (Br10). Appellants point to the
Metrologic Product Manual having a revision date of October
1982, which is after the filing date of the ancestor
application of the present application, and is six years after
the Knowles article written by the founder and President of
Metrologic, to show that the Metrologic reader required the
user to manually configure the reader by selecting the code
type (Br10-11).
Swartz '798 discloses (col. 5, lines 9-13):
It will be expressly understood that the present
invention can be utilized for analyzing symbol bar codes
other than the UPC code. For example, the present
invention can also be used to decode EAN, Codabar and
other symbol codes.
Appellants argue that this merely suggests that laser
scanners can be constructed to read different code types, but
does not teach a reader which automatically identifies and
reads different code types (Br13-14).
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