Ex Parte Tuttle - Page 8



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

          expensive . . . than to provide each routing station with                   
          relatively sophisticated decision making capabilities” (column 8,           
          lines 51-59, of Theimer).                                                   
               Thus, it is our view that the disclosure of Theimer would              
          have suggested to the artisan that the location of “most of the             
          intelligence,” i.e., comparison logic, may be on either the tag             
          or the fixed station, the choice made in accordance with the                
          particular application.                                                     
               Further, appellant argues that Theimer fails to disclose an            
          interrogator “signalling” that an object should not be delivered            
          to the present destination, since this function resides in                  
          Theimer’s tag rather than the interrogator.  The examiner                   
          recognized that Theimer’s system did not prefer the signalling              
          from the interrogator and relied both on Theimer’s alternative              
          disclosure, as well as Turner, to suggest that the interrogator             
          may do the signalling.  For the reasons, supra, we agree that it            
          would have been equally obvious to have either the tag or the               
          interrogator do the “signalling.”                                           
               While appellant takes issue with the idea of Turner having             
          any disclosure regarding destination data, as the examiner                  
          explains, at page 5 of the answer, Turner is not primarily relied           
          on for a teaching of destination information.  It is Theimer                
                                         -8–                                          




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