Ex Parte Beigel et al - Page 27



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

             We do not sustain the Examiner’s 35 U.S.C. § 103(a) rejection,        
         based on Carroll, of dependent claims 48-50, each of which contains        
         limitations directed to the weighted integration feature.  As              
         previously discussed with respect to the Examiner’s 35 U.S.C.              
         § 102(e) rejection, based on Carroll, of independent claims 74 and         
         77, we find no support on the record before us that the timing             
         control circuit 60 or the address register 62 perform a weighted           
         integration operation as asserted by the Examiner.                         
              We also do not sustain the Examiner’s 35 U.S.C. § 103(a)              
         rejection, based on Carroll, of dependent claims 51-55, which are          
         directed to the particulars of a bit-identifying operation and the         
         adjustment of bit-start indicators.  As asserted by Appellants             
         (Brief, pages 148-150), the Examiner has never attempted to show           
         how the disclosure of Carroll teaches or suggests the claimed              
         limitations, and, accordingly, no prima facie case of obviousness          
         has been established.                                                      
              We do, however, sustain the Examiner’s 35 U.S.C. § 103(a)             
         rejection, based on Carroll, of dependent claims 57-60, which are          
         directed to the particulars of the phase-shift coding technique            
         used for transmitting data from the tag to the reader.  As asserted        
         by the Examiner (Answer, page 25), the language of claims 57-60            
         simply does not require the interpretation urged by Appellant at           
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