Ex Parte BRITT et al - Page 3




          Appeal No. 2001-0654                                                        
          Application 08/910,315                                                      


                                   REFERENCES                                         
               The references relied on by the Examiner are as follows:               
               Hillis                        5,303,297      Apr. 12, 1994             
               Wizgall et al. (Wizgall)      5,630,209      May  13, 1997             
               Emery et al. (Emery)          5,727,057      Mar. 10, 1998             
          (filed Dec. 27, 1994)                                                       
                                   Rejections At Issue                                
               Claims 1, 2 and 4 through 8 stand rejected under 35 U.S.C.             
          § 103 as being unpatentable over Hillis in view of Emery.                   
               Claim 3 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Hillis in view of Emery and Wizgall.                      
               Rather than repeat the arguments of Appellants or Examiner,            
          we make reference to the brief and answer for the respected                 
          details thereof.                                                            
                                        OPINION                                       
               With full consideration being given to the subject matter on           
          appeal, the Examiner’s rejections and the arguments of Appellants           
          and the Examiner, for the reasons stated infra, we reverse the              
          Examiner’s rejection of claims 1 through 8 under 35 U.S.C. § 103.           
               Appellants point out that Appellants’ apparatus claim 1 and            
          method claim 8 recite the storage of predefined personal identity           
          information unique to the person using the transmitter and                  
          exclusive of any transmitter identifying number and exclusive of            

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