Ex Parte Vollkommer et al - Page 16



            Appeal No. 2006-2919                                                      Page 16               
            Application No. 10/291,955                                                                      

            with the examiner that the broad language of representative claim 1 reads                       

            on locating biometric information stored on a bar code, as disclosed by                         

            Gerety at col. 12, lines 42-47.                                                                 

                   Therefore, we find the examiner’s proffered combination of Gerety and                    

            Roustaei teaches or suggests all that is claimed.  Accordingly, we will sustain                 

            the examiner’s rejection of representative claim 1 as being unpatentable                        

            over Gerety in view of Roustaei for essentially the same reasons argued by                      

            the examiner in the answer.  Because independent claims 11 and 17 recite                        

            similar limitations to claim 1, we will sustain the examiner’s rejection of                     

            these claims as being unpatentable over Gerety in view of Roustaei for the                      

            same reasons discussed supra with respect to claim 1.  We note that                             

            appellants have not presented any substantive arguments directed                                

            separately to the patentability of dependent claims 2, 3, 5, 6, 9, 12, 14, 15,                  

            20 and 21. See In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528                          

            (Fed. Cir. 1987).  See also 37 C.F.R. § 41.37(c)(1)(vii)(2004).  Therefore,                     

            we will also sustain the examiner’s rejection of these claims as being                          

            unpatentable over Gerety in view of Roustaei for the same reasons set forth                     

            in the rejection.                                                                               

                                                GROUP II                                                    

            II. We consider next the examiner’s rejection of claims 8, 10, 16, 18 and                       

            22 as being unpatentable over the teachings of Gerety in view of Roustaei,                      







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