Ex Parte Menard et al - Page 11




               Appeal No. 2006-3182                                                                                                
               Application No. 09/883,963                                                                                          

               in memory through a substantial correlation process within a time shift less than required for an                   
               intermediate transmission to intercept and retransmit a response/interrogation signal.                              
                       It is therefore our view, after consideration of the record before us, that the evidence relied             
               upon and the level of skill in the particular art would not have suggested to the ordinarily skilled                
               artisan the invention as set forth in representative claim 12.  Accordingly, we will not sustain the                
               Examiner’s obviousness rejection of claims 12 through 26.                                                           


                                                         CONCLUSION                                                                
                       In view of the foregoing discussion, we have not sustained the Examiner’s decision                          
               rejecting claims 12 through 26 under 35 U.S.C. § 103. Therefore, we reverse.                                        


                       REVERSED                                                                                                    



                                      JAMES D. THOMAS                        )                                                     
                                      Administrative Patent Judge            )                                                     
                                                                             )                                                     
                                                                             )                                                     
                                                                             ) BOARD OF PATENT                                     
                                      MAHSHID D. SAADAT                   )                                                        
                                      Administrative Patent Judge            )   APPEALS AND                                       
                                                                             )                                                     
                                                                             ) INTERFERENCES                                       
                                                                             )                                                     
                                      JEAN R. HOMERE                         )                                                     
                                      Administrative Patent Judge             )                                                    
               JRH:pgc                                                                                                             
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