Appeal No. 2005-0663
Application No. 09/682,142
groundwater data from a monitoring well to a remote collector or
monitor.
Appellants also contend that "[w]hile Misquitta discloses a
monitor that transmits a signal, the signal is transmitted from
'in-well' by wire not 'wirelessly.' See Misquitta col. 8, lines
41 to 50" (page 15 of principal brief, penultimate paragraph).
First, we note that the cited portion of Misquitta, column 8,
lines 41-50, does not mention either wireless or wire
transmission of a signal. However, as noted by the examiner, the
discussion of reference Figure 8 at column 8, lines 21 et seq.
states that "condition signal 410 from monitoring device 510 is
transmitted by wireless means, such as radio waves, to computer
controller" (emphasis added). Appellants respond in their Reply
Brief at page 9, first paragraph, that:
The condition signal 410 is transmitted wirelessly
only after it is received and converted by transmitter
810. Transmission from within the well is by wire as
illustrated by straight line connection 410 contrasted
to jagged line 820, which illustrates an above ground
wireless transmission.
Appellants thus conclude that Misquitta "does not teach or
suggest wireless transmission from within a well" (page 9 of
Reply Brief, second paragraph).
The claim language on appeal does not require that the
wireless transmitter, itself, be within the well, as implied by
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