Ex Parte Bazakos et al - Page 3

                Appeal 2007-1736                                                                             
                Application 10/979,129                                                                       
                                                                                                            
                      scanning a face of the person to obtain a facial image;                                
                      comparing the facial image with the retrieved face print; and                          
                      at a second checkpoint, re-reading the RFID device and comparing the                   
                re-read RFID device with the information read at the first checkpoint.                       
                      The Examiner relies on the following prior art references to show                      
                unpatentability:                                                                             
                Suzuki                    US 5,801,763              Sep. 1, 1998                             
                Mays                      US 6,275,157 B1           Aug. 14, 2001                            
                Ritter                    US 6,657,538 B1           Dec. 2, 2003                             
                                                                    (filed Sep. 28, 1999)                    
                Calvesio                  US 6,867,683 B2           Mar. 15, 2005                            
                                                                    (filed Dec. 28, 2000)                    

                   1. Claims 1, 3, 5-8, 17, 18, 20, 21, 25, and 26 stand rejected under 35                   
                      U.S.C. § 103(a) as unpatentable over Calvesio in view of Ritter.                       
                   2. Claims 2, 9-15, 19, and 22-24 stand rejected under 35 U.S.C. § 103(a)                  
                      as unpatentable over Calvesio in view of Ritter and further in view of                 
                      Mays.                                                                                  
                   3. Claim 27 stands rejected under 35 U.S.C. § 103(a) as unpatentable                      
                      over Calvesio in view of Ritter and further in view of Suzuki.                         
                      Rather than repeat the arguments of Appellants or the Examiner, we                     
                refer to the Briefs and the Answer for their respective details.  In this                    
                decision, we have considered only those arguments actually made by                           
                Appellants.  Arguments which Appellants could have made but did not make                     
                in the Briefs have not been considered and are deemed to be waived.  See 37                  
                C.F.R. § 41.37(c)(1)(vii).                                                                   


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