Ex Parte GOODWIN III - Page 9




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


                    present in an implementation of the Briechle's hard-wired system.                                                                                     
                    Upon our review of Briechle, we find that Briechle is suggesting                                                                                      
                    to those skilled in the art that the method of sub-global                                                                                             
                    addressing could be implemented without the use of the                                                                                                
                    intelligent gondola controllers, but instead by means of a hard-                                                                                      
                    wired logic apparatus.  The hard-wired apparatus would still                                                                                          
                    implement Briechle's sub-global addressing method which does not                                                                                      
                    determine unique electronic price label identifiers for each                                                                                          
                    electronic price label in a group of electronic price labels from                                                                                     
                    a table linking the unique group identifier to the unique                                                                                             
                    electronic price label identifiers and sending messages addressed                                                                                     
                    to the unique electronic price label identifiers which contain                                                                                        
                    identical information as claimed by Appellant.  Therefore, we                                                                                         
                    will not sustain the Examiner's rejection of claims 1-9, 13, 14                                                                                       
                    and 16-21 under 35 U.S.C. § 102.                                                                                                                      
                              For the 35 U.S.C. § 103 rejection, of claims 10-12, 15 and                                                                                  
                    22, we note that the Examiner relies on Briechle for the above                                                                                        
                    limitations.  Furthermore, we find that Kayser and Failing do not                                                                                     
                    provide the missing pieces.  Therefore, we will not sustain these                                                                                     
                    rejections for the same reasons as above.                                                                                                             




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