Ex Parte Boesch et al - Page 4




            Appeal No. 2004-0205                                                          Page 4              
            Application No. 09/591,167                                                                        


                   Weinstein discloses an electronic system for restricting animals to defined areas.         
            The system utilizes a fixed position transmitter T which transmits an RF signal to a              
            mobile receiver mounted in the collar on a dog D via an antenna A.  The antenna A                 
            may be separate from or an integral part of the transmitter T (column 15, lines 7-12).            
            Like appellants’ claimed training aid and method, when the receiver detects that the              
            field strength of the RF signal is below a predetermined level, thereby indicating that the       
            receiver and the dog wearing the receiver are outside the safe zone S around the                  
            antenna, the dog receives an audible warning signal.  When the detected signal level              
            falls below a second level, thereby indicating that the dog is outside the boundary Z             
            around the antenna, the dog receives a shock.                                                     
                   Weinstein’s disclosure in column 11, lines 22-46, indicates that Weinstein                 
            contemplates that the transmitter T be connected to the household utility lines.                  
            Weinstein thus lacks disclosure of a “portable” transmitter as called for in appellants’          
            claims.                                                                                           
                   Janning discloses a method and apparatus for controlling the whereabouts of an             
            animal which uses a different approach from that of appellants and Weinstein.                     
            Specifically, Janning’s system uses transmitters 17, such as a portable transmitter worn          
            by a child 31, which emit RF signals and a receiver/stimulator unit 14 worn by a dog              
            which administers stimuli to the dog when the receiver detects the RF signal, thereby             
            indicating that the dog is within a prohibited distance from the transmitter.  In other           
            words, Janning’s system is designed to keep the dog outside a predetermined zone                  






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