Appeal No. 2006-2284 Page 8
Application No. 09/912,211
"The IC 62 outputs a data stream comprised of the 64 bits of stored data when
sufficient power is applied thereto." (Id. at. ll. 54-55.) "[T]he data stream creates a
series of data pulses by switching an extra capacitor (not shown) across the coil
antenna 58 for the duration of the data pulses. This changes the resonant frequency of
the RF circuit 56, detuning it from the operational frequency. Thus, instead of the RF
circuit 56 returning a simple response signal, it returns a signal containing a packet of
preprogrammed information." (Id. at ll. 65-63.)
The examiner asserts, "The frequency shifting of the return signal in Bowers
(col. 8 lines 54-60) reads on the argued limitation." (Examiner's Answer at 12.) Such a
shifting of frequency, however, is opposite the aforementioned limitation which requires
a tag on an object to generate a received signal having the same frequency as that of
the signal that activates the tag.
The examiner does not allege, let alone show, that the addition of Francis,
Maloney, Lastinger, or Greene cures the aforementioned deficiency of Bowers. Absent
a teaching or suggestion of an object such as a tape cartridge that modifies a signal
transmitted at a selected frequency to generate a received signal having the same
frequency, we are unpersuaded of a prima facie case of obviousness. Therefore, we
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