Ex parte FRYE et al. - Page 6




                  Appeal No. 1998-1600                                                                                                                    
                  Application No. 08/434,898                                                                                                              


                  subsurface instrument.  At best, the wake-up command signal in Schultz turns on or off all                                              
                  sensors but the command may not select a particular sensor or sensors to activate.  The                                                 
                  instant claimed invention, however, permits the selection of only targeted wake-up                                                      
                  detectors in specific subsurface instruments.  We find no reason why the skilled artisan                                                
                  would have been led to such a selective activation of wake-up detectors in specific                                                     
                  subsurface instruments based on the teachings of Murdock, Echert and Schultz.                                                           
                           Accordingly, the examiner’s decision rejecting claim 8 under 35 U.S.C. § 103 is                                                
                  reversed.                                                                                                                               
                                                                    REVERSED                                                                              




                                    JAMES D. THOMAS                              )                                                                        
                                    Administrative Patent Judge                  )                                                                        
                                                                                 )                                                                        
                                                                                 )                                                                        
                                                                                 )   BOARD OF PATENT                                                      
                                    ERROL A. KRASS                               )     APPEALS AND                                                        
                                    Administrative Patent Judge  )    INTERFERENCES                                                                       
                                                                                 )                                                                        
                                                                                 )                                                                        
                                                                                 )                                                                        
                                    JOSEPH L. DIXON                              )                                                                        
                                    Administrative Patent Judge                  )                                                                        





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