Ex Parte Fitzgerald et al - Page 2




          Appeal No. 2004-0348                                                        
          Application No. 09/901,220                                                  


               folding and gluing the document container to form a                    
          completed document storage container.                                       
          65.  A method of manufacturing document storage containers for              
          storing documents, as recited in claim 54, wherein the step of              
          embedding includes the steps of:                                            
               depositing a radio frequency identification tag on the                 
          document container stock in proximity to a seam;                            
               applying glue to the area of the seam;                                 
               folding and gluing the seam to capture the radio frequency             
          identification tag within the glued portion of the seam.                    
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Feiler                       5,159,180              Oct. 27, 1992           
          Gillotte                     5,424,858              Jun. 13, 1995           
          Wiholm                       6,186,935              Feb. 13, 2001           
               Appellants' claimed invention is directed to a method of               
          making containers for storing documents, such as medical records.           
          The method entails die cutting material for the container from              
          document container stock, embedding a radio frequency                       
          identification tag (RFID) in the container stock, and folding and           
          gluing the container stock to form a completed document storage             
          container.  Claim 65 on appeal further provides for depositing              
          the RFID in proximity to a seam of the container, applying glue             
          to the seam, and "folding and gluing the seam to capture the                
          radio frequency identification tag within the glued portion of              
          the seam."  According to appellants, "[t]he RFID tags which are             

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