Ex Parte Voit - Page 3




              Appeal No. 2004-0269                                                                 Page 3                
              Application No. 09/589,866                                                                                 


                                                       OPINION                                                           
                     In reaching our decision in this appeal, we have given careful consideration to                     
              the appellant's specification and claims, to the applied prior art references, and to the                  
              respective positions articulated by the appellant and the examiner.  As a consequence                      
              of our review, we make the determinations which follow.                                                    
                     Each of appellant’s independent claims 1, 7 and 11 requires a key, a key ring                       
              and at least one tag, with the tag having disposed thereon a challenge (such as a word,                    
              as recited in claims 7 and 11) and an answer appropriate to the challenge (such as a                       
              definition of said word as recited in claims 7 and 11).  Claim 1 recites that the answer is                
              normally concealed when the challenge is visible and claims 7 and 11 call for the word                     
              and definition to be disposed on opposite surfaces of the tag.                                             
                     Peckham discloses an educational device comprising a plurality of disks or                          
              tablets A strung upon a rod or wire B, the ends of which rod or wire may be joined                         
              together to form a ring.  Each disk is imprinted upon one face with a query in the form of                 
              a character, letter, word or problem and upon its opposite face with a reply to said                       
              query.  As conceded by the examiner, Peckham lacks a key ring and a key attached to                        
              the key ring as called for in appellant’s claims.                                                          
                     Luciano discloses a question-answer book having pages with question text 16                         
              printed thereon and microprocessor chips 17 secured to the marginal edge portions 18                       
              of the pages adapted to be read by a handheld reader 11, as illustrated in Figures 2 and                   
              3.  The reader 11 is provided with a reader slot which makes the reader positionable                       






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