Ex Parte WARD et al - Page 5




          Appeal No. 2002-1695                                       Page 5           
          Application No. 08/971,386                                                  


          and/or evidence.  Obviousness is then determined on the basis of            
          the evidence as a whole.  See id.; In re Hedges, 783 F.2d 1038,             
          1039, 228 USPQ 685, 686 (Fed. Cir. 1986); In re Piasecki, 745               
          F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In re              
          Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).               
               The examiner's position (answer, page 4) is that the                   
          admitted prior art (APA) discloses that in the prior art, after a           
          workstation has been forwarded to the user, software is                     
          downloaded after installing the hardware, and that label tags and           
          serial numbers are used to identify the workstation for inventory           
          purposes.  The examiner asserts (id.) that in an analogous art,             
          Anders discloses a system relating to identification for                    
          inventory.  The examiner notes that Anders' teachings relate to             
          the attachment of passive and active transceivers which can be              
          coded, erased, recorded or altered and attached to various items            
          as “tags,” and the use of active transceivers for using and                 
          analyzing the information received from the passive transceivers.           
          The examiner notes (id.) that Anders discloses operation of his             
          system in the RF range, and asserts that Anders' passive receiver           
          90 meets the claimed "dual port RF identification tag."  The                
          examiner further asserts (answer, page 5) that Anders discloses             
          various embodiments which locate tags in a multitude of                     







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