Ex Parte Clement et al - Page 12



                    Appeal No. 2003-0124                                                                                                                                  
                    Application No. 09/487,832                                                                                                                            

                    authorization apparatus arranged to write specific data into (or                                                                                      
                    erase specific data from) 'the tag to indicate that the article                                                                                       
                    has been paid for, or its removal has otherwise been authorized'"                                                                                     
                    as recited in Appellants claim 23.                                                                                                                    
                              The Examiner argues that Anders teaches                                                                                                     
                              in the context of a retail store (Fig. 26), Anders et                                                                                       
                              al disclose a 'point-of-sale apparatus' or cash                                                                                             
                              register 319 which is 'connected to the department                                                                                          
                              store's central AT data bank' (col. 37, lines 12-13),                                                                                       
                              for writing or erasing 'specific data' on the tag                                                                                           
                              (i.e., the tag and article will be delet(ed) from                                                                                           
                              inventory,'" col. 37, line 20) to permit its removal                                                                                        
                              from the store.  [See page 4 of the final rejection].                                                                                       
                              Upon our review of Anders, we fail to find that Anders                                                                                      
                    teaches                                                                                                                                               
                              at least one point-of-sale or point-of-authorization                                                                                        
                              apparatus arranged to write specific data into (or                                                                                          
                              erase specific data from) the tag to indicate that the                                                                                      
                              article has been paid for, or its removal has otherwise                                                                                     
                              been authorized;                                                                                                                            
                              . . .                                                                                                                                       
                              a refunds/returns detector apparatus arranged to read                                                                                       
                              the tag of each article presented to it and to                                                                                              
                              determine if said specific data has been written into                                                                                       
                              (or erased from) the tag, and to erase (or write in)                                                                                        
                              said data so that the article can be returned to stock.                                                                                     
                    Upon our review of Anders, we find that Anders teaches that the                                                                                       
                    inventory of the items are maintained in a central location.                                                                                          


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