Ex Parte TUTTLE - Page 4



          Appeal No. 2002-2308                                                        
          Application No. 08/943,889                                                  


          wireless identification device, having a housing 10, a battery              
          14, and circuitry 12, with a switch 15.  Switch 15 controls                 
          whether or not the circuit is connected to the battery, enabling            
          the device to operate.  Since switch 15 enables receiver circuit            
          81, this allows for user control of when identification is sent.            
               The examiner employs Froschermeier to show an RF identifier            
          which utilizes a modulated backscatter system for saving battery            
          strength and concludes that it would have been obvious to have              
          utilized the user control switch of Walton in Froschermeier’s               
          backscatter identifier in order to provide user control over the            
          battery saving operation of the device.  Appellant does not argue           
          to the contrary.                                                            
               The examiner employs Kawauchi to show a switch comprising a            
          button having two thick film conductors, 2A and 2B, an insulative           
          ring, 7, and a conductive-faced diaphragm, 9, concluding that it            
          would have been obvious to have used the specific switch of                 
          Kawauchi in the wireless identification device of Walton, to make           
          an effectively operated switch.  Again, appellant does not                  
          dispute this.                                                               
               Appellant argues only the “push-on/push-off” nature of the             
          claimed switch, urging that since Walton’s switch is                        
          automatically reset after a predetermined interval, the user                
          cannot push OFF the switch in Walton.  As support for this                  

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