Ex Parte GOODWIN III - Page 6




                    Appeal No. 2001-2601                                                                                                                                  
                    Application No. 09/167,897                                                                                                                            


                    and Lindemann Maschinenfabrik GMBH v. American Hoist & Derrick                                                                                        
                    Co., 730 F.2d 1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984).                                                                                         
                              Appellant argues that Briechle does not teach the use of a                                                                                  
                    table to link unique electronic price label addresses with unique                                                                                     
                    groups.  Appellant argues that the claims recite unique                                                                                               
                    addressing as a method of communication with grouped electronic                                                                                       
                    price labels.  Briechle teaches sub-global addressing and that                                                                                        
                    the Appellant has carefully distinguished between sub-global                                                                                          
                    addressing and unique addressing as claimed.  We further note                                                                                         
                    that the Appellant has carefully shown the relied upon claim                                                                                          
                    language in each of the claims that distinguishes over Briechle.                                                                                      
                    See pages 6-16 of Appellant's brief.                                                                                                                  
                              In response, the Examiner argues that the Briechle invention                                                                                
                    is not limited to the use of gondola controllers in the                                                                                               
                    Briechle's sub-global addressing method.  The Examiner points us                                                                                      
                    to column 15, lines 7-12, of Briechle, which states that it is                                                                                        
                    possible to have a wired system where the communications channel                                                                                      
                    is direct from the host to the labels, not mediated by gondola                                                                                        
                    controllers or appenders, that accomplishes many of the desirable                                                                                     
                    features of the invention.  The Examiner argues that Briechle's                                                                                       
                    sub-global addressing method is capable of being implemented                                                                                          


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