Appeal No. 2000-1185 Page 9
Application No. 08/886,516
light, the otherwise unobservable mark becomes detectable and
provides encoded data related to the identity and source of the
articles. In particular, using an invisible ink or dye, a unique
pattern is applied to the articles which incorporates an encoded
input data entry comprising unique product identifiers. The
pattern become detectable upon exposure to light with a specific
wavelength and may be scanned and decoded in order to retrieve
the input data and to determine authenticity of the article (col.
5, lines 41-59 and col. 15, lines 55-64). Therefore, Moore’s
unique pattern is not separate from the article information and
itself includes encoded data corresponding to specific product
information for identifying the article and its source.
Turning to Salive, we find that the disclosed machine-
readable characters and/or coded indicia printed onto labels and
affixed to articles are detected and recorded for identification
and tracking (col. 1, lines 7-10 and 31-34). The captured image
is stored in a computer for subsequent analysis and inventory
tracking during and after handling. Therefore, Salive merely
captures the encoded image of product data available on a label
for tracking goods in a warehouse or during distribution. We
find that Salive is not concerned with verifying the authenticity
of the goods and does not teach a label having an unreproduceable
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