Appeal No. 2005-2759
Application No. 10/221,916
In applying Lutterbach against the instant claims, it is the
examiner’s opinion that Figure 6 of Lutterbach discloses the
claimed display at 32, the claimed portable transmitter at 54, and
the claimed receiver at 52. The examiner finds that since one
environment of Lutterbach is a stadium, as during a Super Bowl
game, it would have been clear that a user holding a transmitter
would be in a “waiting area” of the stadium when the transmitter is
within range of the receiver. The examiner further contends that
altering of the display in Lutterbach is achieved by processor 42
interacting with marketing system 56 to provide feedback
information to screen 32 for viewing, citing column 4, lines 43-63,
of Lutterbach.
For their part, appellants argue that Lutterbach’s transmitter
is an active transmitter whose purpose in particular is to be used
as an interactive marketing polling device, in contrast to the
transmitter of the instant invention which is “an inherently
passive transmitter that requires no active user interaction with
the transmitter” (see page 8 of the principal brief).
4
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007