Ex Parte Werthman et al - Page 11



                Appeal 2007-3462                                                                             
                Application 11/172,223                                                                       
           1    conditions and interrupting other circuit elements in response were well                     
           2    known (FF 13).  Lastly, Black tells us that one of ordinary skill knew that                  
           3    transponder or transceiver type identification systems were known for                        
           4    conveying information associated with an object (FF 12).  This described                     
           5    general knowledge that one had at the time of the invention is not limited to                
           6    monitoring temperature and transmitting information for a particular object.                 
           7    The knowledge applies to monitoring temperature in any device that heats                     
           8    up and for conveying that information through a transponder.  One of                         
           9    ordinary skill would understand that the specific embodiments of the Black                   
          10    temperature sensitive RFID tag 200 could be used to monitor the                              
          11    temperature of any object.                                                                   
          12          Art is analogous if it is from the same field of endeavor, regardless of               
          13    the problem addressed or if the reference reasonably is pertinent to the                     
          14    particular problem with which the inventor is involved.  In re Bigio, 381                    
          15    F.3d 1320, 1325, 72 USPQ2d 1209, 1212 (Fed. Cir. 2004).  Black meets                         
          16    either prong, since Black is (1) from the same field of endeavor – sensing the               
          17    temperature of an object and communicating that information through an                       
          18    RFID system and (2) directly pertinent to the problem addressed by                           
          19    Applicants – sensing temperature of an object and efficiently and                            
          20    automatically conveying such information through an RFID system.                             
          21          Moreover, in KSR, the Supreme Court gave guidance to us, that:                         

                                                                                                            
                Therefore, claims 15, 20 and 21 stand or fall with claim 1.                                  
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