Ex Parte Benedict et al - Page 3

                 Appeal 2007-0415                                                                                       
                 Application 10/320,947                                                                                 
                        We have thoroughly reviewed each of the arguments advanced by                                   
                 Appellants.  However, we are in complete agreement with the Examiner’s                                 
                 reasoned and thorough analysis of the prior art, as well as his cogent                                 
                 disposition of the arguments raised by Appellants.  Accordingly, we will                               
                 adopt the Examiner’s reasoning as our own in sustaining the rejections of                              
                 record, and we add the following for emphasis only.                                                    
                        We consider first the Examiner’s rejection under § 102 over Dunn.  A                            
                 principal argument of Appellants is that Dunn does not disclose the presently                          
                 claimed annular antenna that forms a continuous loop.  However, since                                  
                 Dunn clearly discloses that the opposing ends of annular antenna wire 91 are                           
                 connected to the opposite ends of magnet wire 97a at terminals 98a and 98b                             
                 (Fig. 9), we fully concur with the Examiner that Dunn fairly describes a                               
                 continuous annular loop for the antenna within the meaning of § 102.  As                               
                 emphasized by the Examiner, the claims on appeal do not require that the                               
                 continuous loop is formed from only one wire but, rather, encompass a                                  
                 continuous loop formed from connected wires, as disclosed by Dunn.                                     
                 Appellants’ argument that “[t]he antenna of Dunn is interrupted by                                     
                 termination of the antenna ends to the chips 28” (Br. 5, first ¶) is not focused                       
                 upon Figure 9 of the reference.                                                                        
                        Appellants also contend that Dunn does not teach that the antenna has                           
                 a diametric size suitable for attaching to the internal lower sidewall portion                         
                 of a tire, as recited in claim 1.  However, we agree with the Examiner that                            
                 the claim recitation fails to impart any particular structure to the antenna but,                      
                 instead, is contingent upon the relationship between the size of the antenna                           
                 and the size of the tire to which it may be attached.  Manifestly, the annular                         
                 antenna of Dunn is capable of being attached to the lower sidewall of an                               

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