Appeal No. 2006-2284 Page 10
Application No. 09/912,211
1. Objects Responding to the Same Frequency
The examiner finds, "Bowers et al. teaches that each of the objects has a radio
frequency tag attach to it (col. 2 lines 25-28).
The object to which the RF tag is attached includes books, video tapes, CD's,
and audio tapes (col. 6 lines 26-49) and each tag respond to a particular frequency (col.
col. 8 lines 36-43)." (Examiner's Answer at 12.) The appellants argue that "the cited
passages at columns 8 and 12 do not teach or suggest a 'subset comprises a plurality
of objects responsive to said selected frequency' because the passages do not teach
more than one object responsive to any given frequency. See Bowers at Col. 8, lines
36-43 and Col. 12, lines 50-65." (App. Br. at 11.)
a. Claim Construction
"[T]he PTO gives claims their 'broadest reasonable interpretation.'" In re Bigio,
381 F.3d 1320, 1324, 72 USPQ2d 1209, 1211 (Fed. Cir. 2004) (quoting In re Hyatt, 211
F.3d 1367, 1372, 54 USPQ2d 1664, 1668 (Fed. Cir. 2000)). "Moreover, limitations are
not to be read into the claims from the specification." In re Van Geuns, 988 F.2d 1181,
1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993) (citing In re Zletz, 893 F.2d 319, 321, 13
USPQ2d 1320, 1322 (Fed. Cir. 1989)).
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Last modified: September 9, 2013