Ex parte KOCIS - Page 2




                     Appeal No. 1998-3364                                                                                                                                              
                     Application No. 08/347,990                                                                                                                                        


                     for use in causing the device to transition from the reduced                                                                                                      
                     power consumption mode to full power mode.                                                                                                                        
                                Independent claim 7 is reproduced as follows:                                                                                                          
                                7. A hand-held intelligent data entry unit ("IDEU")                                                                                                    
                     automatically operable in either a low power consumption mode                                                                                                     
                     or an active mode, the hand-held IDEU comprising:                                                                                                                 
                                a microcontroller;                                                                                                                                     
                                a noncontact sensor for detecting the presence of a                                                                                                    
                     user's hand within a predefined actuation region of said hand-                                                                                                    
                     held IDEU while said hand-held IDEU is operating in said low                                                                                                      
                     power mode; and                                                                                                                                                   
                                means responsive to said detection for generating a wake                                                                                               
                     up signal to said microcontroller for causing said hand-held                                                                                                      
                     IDEU to operate in said active mode.                                                                                                                              
                                The Examiner relies on the following references:                                                                                                       
                     Windsor                                               5,319,250                                             Jun.  7, 1994                                         
                     Fung                                                             5,396,635                                            Mar.  7,                                    
                     1995                                                                                                                                                              
                                                                                                           (Filed Feb. 12, 1993)                                                       
                                Claims 2 through 23 stand rejected under 35 U.S.C. § 103                                                                                               
                     as being unpatentable over Fung in view of Windsor.1                                                                                                              
                                Rather than reiterate the arguments of Appellant and the                                                                                               
                     Examiner, reference is made to the brief and answer for                                                                                                           


                                1 The rejection of claims 7, 18 and 19 under 35 U.S.C. §                                                                                               
                     103 as being unpatentable over Cavada has been withdrawn by                                                                                                       
                     the Examiner.  See page 9 of the Examiner's answer.                                                                                                               
                                                                                          2                                                                                            





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