Appeal No. 2000-0327 Page 9
Application No. 08/745,330
discussed, supra. The rejection of claims 19-21 under 35
U.S.C. § 103(a) is therefore reversed.
We turn next to the rejection of claims 5, 15, and 18
under 35 U.S.C. § 103(a) as unpatentable over Thompson
considered with Gastouniotis. The examiner (answer, page 8)
relies upon Gastouniotis for a teaching of a data transmission
system (claims 5 and 15) and a flow monitoring device having a
target and transmitting means (claim 18). The findings with
respect to Gastouniotis have not been argued by appellant.
However, the examiner has not argued Gastouniotis with respect
to any deficiencies in Thompson that relate to independent
claims 1 and 11 from which claims 5, 15, and 18 directly or
indirectly depend. Accordingly, the rejection of claims 5,
15, and 18 under
35 U.S.C. § 103(a) is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 2, 11, and 12 under 35 U.S.C. § 102(b) is reversed.
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