Ex Parte Beigel et al - Page 28



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

         pages 153-158 of the Brief.  We find no error in the Examiner’s            
         stated position that the phase-shift coding procedure disclosed by         
         Carroll, in which a “O” is transmitted during a first phase of a           
         bit portion of a signal and a “1" is transmitted during a second           
         phase of the bit portion of the signal, satisfies the requirements         
         of the claims.                                                             
              Turning to a consideration of the Examiner’s 35 U.S.C.                
         § 103(a) rejection, based on Carroll, of dependent claims 62-64, we        
         do not sustain this rejection for essentially the same reason as           
         previously discussed with regard to independent claim 25.  As with         
         claim 25, dependent claims 62-64 are directed to a frequency-shift         
         keying procedure for transmitting data from the tag to the reader.         
         In our view, regardless of the merits of Appellants’ arguments             
         directed to the significance of the presence of “periodic signal”          
         language in claims 62-64, the disclosure of Carroll, which utilizes        
         phase-shift keying to transmit data from the transponder/tag 40 to         
         the reader/controller 10, does not satisfy the frequency-shift             
         keying requirements of claims 62-64.                                       






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