Ex Parte Tuttle - Page 5



          Appeal No. 2003-0020                                                        
          Application No. 09/631,060                                                  

          not to make in the brief have not been considered and are deemed            
          to be waived [see 37 CFR 1.192 (a)].                                        
               The examiner applies Theimer for the teaching of an RFID               
          transponder system that can be used to determine whether a                  
          transported object has reached its destination, the difference              
          between Theimer and the instant claimed invention being that, in            
          the former, the transponder makes the determination of whether              
          the object is being unloaded at its proper destination and                  
          signals if it is not, whereas, in the instant claimed invention,            
          it is the interrogator which makes the proper determination and             
          issues a signal.                                                            
               Thus, the examiner turns to Turner for a teaching of an                
          article sorting system whereby the RFID transponders are                    
          manufactured more cheaply by having the reader process the                  
          information regarding destination and identity.  Accordingly, the           
          examiner concludes that it would have been obvious to have                  
          “utilized the . . . reader to interrogate tags and make sorting             
          decisions since this, as suggested by Turner, would reduce the              
          cost of manufacturing intelligent RF Id tags of Theimer” (answer-           
          page 4).                                                                    



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