Appeal No. 1997-4461
Application 08/482893
considered in this decision. Arguments which appellants could
have made but chose not to make in the brief have not been
considered [see 37 CFR § 1.192(a)].
With respect to representative, independent claim 49,
the examiner essentially asserts that Yasuda teaches the
claimed invention except that Yasuda uses digitized count data
for comparison rather than utilizing stored counts as the
medium for comparison. The examiner argues that it would have
been obvious to use stored count data in place of the
digitized data of Yasuda [answer, page 4].
Appellants argue that the specific claimed method and
apparatus for reconstruction of a bar coded symbol using
stored counts is not taught or suggested by Yasuda [brief,
pages 7-16]. We agree with appellants.
Although the device of Yasuda can reconstruct a bar
coded symbol from a plurality of scanned segments of the
symbol, the reconstruction in Yasuda does not use stored
counts as claimed nor does Yasuda have each of the means
specifically recited in claim 49. The examiner’s rejection
fails to accord appropriate weight to each of the limitations
set forth in the claims.
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