Ex Parte Barber et al - Page 12

                Appeal 2007-0205                                                                             
                Application 09/812,302                                                                       
                is transmitted for identifying that particular device.  The Examiner’s reliance              
                on Zimmermann is, therefore, more relevant to teaching a hand held device                    
                for performing the interrogation (Answer 4).                                                 
                      Appellants’ arguments with respect to claim 69 (Reply Br. 16), claim                   
                9 (id. at 9-10), and claim 2 (id. at 17-18) are similar to the points addressed              
                above.  See also FF 4-7.  As we find the Examiner’s position with respect to                 
                these claims to be reasonable and supported by factual evidence, we disagree                 
                with Appellants that the Examiner erred in rejecting claims 2, 3, 8-10, 12,                  
                13, 29, 30, 33, 34, 56, 59, 60, and 69.                                                      
                      Claims 4-6, 16-20, 22-25, 43-47, 49, 53, 56-58, 62, 63, 66, 67, and                    
                77-81                                                                                        
                      Appellants argue that the combination of Lowe with Su is improper                      
                because Lowe cannot store the interrogated information (Reply Br. 19).                       
                The Examiner responds by asserting that the RF identification system of                      
                Lowe is illustrative of the parameters involved in the interrogation of the                  
                sensor devices in Su which use wireless communication (Answer 7).  We                        
                agree with the Examiner that combining a known RF identification system                      
                with the monitoring devices of Su provides specific details for the data                     
                collection system of Su and does no more than yield predictable results with                 
                respect to interrogating the sensors and, therefore, would have been obvious                 
                to one of ordinary skill in the art.                                                         
                      Appellants further argue patentability of claims 4-6 based on the long-                
                felt, yet unmet, need to locate pest control devices, as described in                        
                Appellants’ Specification (Reply Br. 20).  While such need may be                            
                described by Appellants, their Specification provides for techniques that are                
                taught or suggested by the applied prior art.  Absent implementation of a                    

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