Ex Parte Tuttle - Page 7



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

          scaled to large systems that allow multiple independent transport           
          services to cooperate with each other.                                      
               While appellant argues that this portion of Theimer merely             
          mentions the “opposite” of what Theimer teaches, without ever               
          disclosing that the “opposite” could function at all, Theimer               
          cannot be interpreted as teaching the placement of the comparison           
          logic in the interrogator, as in the instant claimed invention.             
               We agree with the examiner.  It is clear to us that while              
          Theimer chooses to place the comparison logic in the tag, rather            
          than in the interrogator, at the fixed stations, Theimer clearly            
          recognizes that the prior art has done the opposite, i.e., placed           
          the comparison logic at the fixed stations.  Thus, the artisan              
          reading the disclosure of Theimer would have recognized that the            
          placement of the comparison logic in either the tag or the                  
          interrogator at the fixed station would have been equally                   
          obvious, the choice being made with regard to the particular                
          purpose.  Theimer notes that the placement of the comparison                
          logic, or “most of the intelligence,” on the tags results in an             
          advantage in “large systems that allow multiple independent                 
          transport services, such as postal services and airlines, to                
          cooperate with each other” because it is “generally less                    

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