Appeal No. 2003-0124
Application No. 09/487,832
Each item has a tag which electronically identifies it. A signal
is broadcast to locate the item. Before the item can be removed
from the store, Anders' central database must be altered to
remove the item from the inventory. Anders does not teach
altering the data stored on the tag. Looking to the portions of
Anders that the Examiner has pointed us to, we find that Anders
teaches that in the event that an item having a PT is removed
from the broadcast range of the antenna 322, and no deletion from
inventory has been made, a buzzer 323 sounds a code to clerks
nearby that an item has been removed from the permitted zone.
See column 37, lines 17-22. Anders teaches that the inventory is
stored at the central AT data bank. See column 37, lines 13-14.
From the entire reading of column 37, lines 6-37, we find that
Anders teaches that only the inventory code is removed at the
central AT data bank and that the data stored on the PT is not
modified. Therefore, we will not sustain the Examiner's
rejection of claims 23 and 24 under 35 U.S.C. § 102 as being
anticipated by Anders.
35 U.S.C. § 251 Rejection
Claims 23-45 stand rejected under 35 U.S.C. § 251 as being
an improper recapture of broadened claimed subject matter
surrendered in the application for patent upon which the present
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