Ex Parte Beigel et al - Page 12



         Appeal No. 2005-0171                                                       
         Application No. 10/064,380                                                 

         by the Examiner to Appellants’ arguments, we are constrained on the        
         record before us to reverse the anticipatory rejection of claims 37        
         and 38.1  Similarly, the rejection of claim 40 is also reversed            
         since the Examiner has never explained how the circuitry disclosed         
         by Buchele satisfies the language of claim 40 which requires, inter        
         alia, “a two-winding transformer associated with each transistor.”         

                   The 35 U.S.C. § 102(e) rejection of claims                       
                   70, 71, and 73-80 based on Carroll.                              
              In addressing the limitations set forth in independent claim          
         70, we note that the Examiner makes reference to the illustrations         
         in Carroll’s Figures 3 and 4B as disclosing the claimed alternating        
         magnetic field embedding of a bit-timing clock signal.  Appellants’        
         arguments in response (Brief, pages 51-54) assert that, unlike the         
         claimed invention in which a bit timing clock signal is embedded in        
         an alternating magnetic field generated by the reader, the                 
         transponder 40, i.e., the tag, in Carroll embeds a clock signal in         
         the carrier transmitted from the controller 10, i.e., the reader.          
         According to Appellants (id., at 52), when Carroll’s controller 10         
         receives a transmission from transponder 40, it extracts the bit           

              1 Since the Examiner has not addressed the issue of obviousness to the
         skilled artisan of interchangeably using P- and N-channel devices according to
         particular circuit considerations, we have no such rejection before us and,
         accordingly, we decline to rule on the merits of such a rejection.         
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