Appeal No. 2002-2308
Application No. 08/943,889
position, appellant points to column 5, lines 1 et seq.,
describing a process whereby “the user initiates the
identification cycle by depressing the switch 15 on the
identifier 9.”
We will not sustain the rejection of claims 6, 8, 9 and 16
under 35 U.S.C. § 103. It is our view that Walton does teach a
“push-on/push-off” switch, as broadly claimed, in the sense that
Walton’s switch 15 is clearly described as a “pushbutton” at
column 2, lines 1-2. It is further described thereat as a
pushbutton switch “for energizing the circuit of the identifier.”
Thus, it appears to us, that Walton does describe a pushbutton
switch which controls whether the circuitry provides the signal
to identify the device by controlling whether or not the receiver
is coupled to the battery, as claimed. That is, before
initialization by the user, i.e., prior to the user pushing the
switch 15, the receiver is not connected to the battery. Yet,
after initialization by the user, the receiver is connected to
the battery. Accordingly, the claimed language of a
“switch...controlling whether the circuitry provides the signal
to identify the device by controlling whether or not the receiver
is coupled to the battery...” is met by Walton.
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