Ex Parte Stieber et al - Page 10

             Appeal Number: 2006-2607                                                                               
             Application Number: 10/004,738                                                                         

         1   handling device, or a third device operating as a visual display (the inventory and                    
         2   accounting management features of Amos).                                                               
         3       Although Amos does not show the network operating according to a network                           
         4   standard for locally distributed wireless networks operating without servers, it does                  
         5   show that any network system may be used.  A network standard for locally                              
         6   distributed wireless networks operating without servers is a species that would be                     
         7   immediately envisaged within the taught genus of all network systems, because of                       
         8   its simplicity.                                                                                        
         9       Watanabe serves to provide further evidence that an ATM such as that in Amos                       
        10   would sort its contents and safeguard physical entry of coins and notes to ensure                      
        11   each went to the proper device.                                                                        
        12       Richardson shows that such a simple network, coupled with wireless                                 
        13   communication, was notoriously well known at the time of the invention and could                       
        14   operate within a range of no more than 100 meters from one of the first the first                      
        15   cash handling device and the second cash handling device.  The actual limitation of                    
        16   separation of less than 100 meters does not affect the operation of the invention,                     
        17   but only serves to indicate the field in which the applicants envision practicing the                  
        18   invention.  Whether the Appellants were the first to recognize a market for placing                    
        19   cash machines within such a range is moot because this range is a species of the                       
        20   genus of all ranges that wireless communications encompass, and Richardson                             
        21   suggests the advantages of such proximity in the choices of implementation modes                       
        22   available at the claimed ranges.  Accordingly, this limitation is accorded minimal                     
        23   patentable weight, and is recognized as a limitation that the applied prior art must                   
        24   be capable of practicing.                                                                              


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