Ex parte MENICH et al. - Page 4




          Appeal No. 2000-0326                                          Page 4            
          Application No. 08/644,465                                                      


               The prior art applied by the examiner in rejecting the                     
          claims follows:                                                                 
               Tarallo et al. (“Tarallo”)      5,054,035            Oct. 1,               
               1991                                                                       
               Menich et al. (“Menich”)             5,313,489             May             
               17, 1994.                                                                  
          Claim 7 stands rejected under 35 U.S.C. § 102(b) as                             
          anticipated by Tarallo.  Claims 1-6 and 8-16 stand rejected                     
          under 35 U.S.C. § 103(a) as obvious over Tarallo in view of                     
          Menich.                                                                         


                                         OPINION                                          
               After considering the record, we are persuaded that the                    
          examiner erred in rejecting claims 1-16.   Accordingly, we                      
          reverse.                                                                        


               Rather than reiterate the positions of the examiner or                     
          appellants in toto, we address their main point of contention.                  
          The examiner asserts, "Tarallo et al. recites . . . monitoring                  
          the received signal transmitted from the remote station and                     
          comparing the received signal with a threshold in order to                      








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