Ex Parte Brotto et al - Page 4




             Appeal No. 2003-1301                                                                                     
             Application No. 09/782,539                                                                               


             wherein the stored information is downloadable into a reader apparatus.”  Here, we                       
             agree with the examiner that Wagner teaches a memory for storing profile information                     
             about the tool, wherein the information is downloadable to a reader.  The examiner                       
             maintains that the computer of Wagner “inherently functions as  a reader apparatus,                      
             since it accesses and acquires data stored in the memory.”  (See answer at page 3.)                      
             We also agree with the examiner that an apparatus that reads or downloads the stored                     
             data is a reader apparatus.                                                                              
                    Additionally, appellants admit that Wagner teaches monitoring a power tool and                    
             storing the profile data, but that Wagner does not disclose downloading the records to a                 
             reader apparatus for later analysis.  (See brief at page 5.)   Appellants draw a                         
             distinction between their disclosed embodiment having a reader and computer and their                    
             embodiment having just a computer.  (See brief at pages 5-6.)  Appellants argue that                     
             there is no suggestion to modify the direct connection of the computer with a separate                   
             reader apparatus.  (See brief at page 6.)  We agree with appellants that the examiner                    
             has not addressed such an embodiment and Wagner does not specifically address                            
             such a configuration, be we need not address such a limitation since the language of                     
             the claim does not specifically detail the physical or functional structure of the reader                
             apparatus or that the reader is an intermediate storage device to a separate computer                    
             or the manner that the stored information is downloaded from the memory.                                 



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