Ex parte EVERETT - Page 3



                      Appeal No. 1998-0085                                                                                                                                                        
                      Application 08/343,540                                                                                                                                                      




                                  coupling a reader to the card to establish a data transmission                                                                                                  
                      path between the reader and the card;                                                                                                                                       

                                  accessing required use-variable data in said memory; and                                                                                                        

                                  incorporating said accessed data as part of an answer-to-reset                                                                                                  
                      signal transmitted from the card to the reader.                                                                                                                             


                                  The Examiner relies on the following reference:                                                                                                                 

                      Claus et al. (Claus)                                                 5,310,999                                    May 10, 1994                                              



                                  Claims 1 through 17 stand rejected under 35 U.S.C. § 103 as                                                                                                     

                      being unpatentable over appellant's disclosed prior art in view of                                                                                                          

                      Claus.                                                                                                                                                                      

                                  Rather than reiterate the arguments of the Appellant and the                                                                                                    
                      Examiner, reference is made to the briefs  and answer for the                                 1                                                                             

                      respective details thereof.                                                                                                                                                 



                                                                                              OPINION                                                                                             

                                  We will not sustain the rejection of claims 1 through 17 under                                                                                                  


                                  1Appellant filed an appeal brief on October 11, 1996.  Appellant filed                                                                                          
                      a reply brief on July 28,1997.  The Examiner stated in a letter dated February                                                                                              
                      24, 2000, that receipt is acknowledged of the reply brief filed.  The Examiner                                                                                              
                      further stated that the application is provided to the Board of Patent Appeals                                                                                              
                      and Interferences for further considerations.  Although it is not entirely                                                                                                  
                      clear that the Examiner has entered and considered the reply brief, we note                                                                                                 
                      that the Examiner has not made it clear that the reply brief had not been                                                                                                   
                      considered or entered.  In view of no clear statement that the reply brief is                                                                                               
                      not considered or entered, we will treat the reply brief as being entered and                                                                                               
                      considered and as properly before us for our consideration.                                                                                                                 
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