Ex Parte BRITT et al - Page 7




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


          Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444. “[T]he Board must             
          not only assure that the requisite findings are made, based on              
          evidence of record, but must also explain the reasoning by which            
          the findings are deemed to support the agency’s conclusion.”  In            
          re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.                
          2002).  With these principles in mind, we commence review of the            
          pertinent evidence and arguments of Appellants and Examiner.                
               We fail to find that Emery teaches predefined personal                 
          identity information unique to the person using a transmitter and           
          exclusive of any identifying number and exclusive of the                    
          transmitter location.  The Examiner has directed us to column 2,            
          lines 16 through 49.  Upon our review of this portion of the                
          specification, we find that Emery is teaching location ID and               
          telephone ID. We fail to find any teaching directed to personal             
          identity information as required by Appellants’ claims 1 and 8.             
          Furthermore, we fail to find support for the Examiner’s position            
          in column 7, lines 25 through 33.  Emery does not teaches                   
          personal identity information but instead teaches location ID and           
          transmitter ID.  Upon our review of the entire disclosure of                





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