Ex parte HOLT et al. - Page 5




              Appeal No. 95-3175                                                                                                                          
              Application 08/124,361                                                                                                                      

              as claimed, stating (Examiner's Answer, page 8):                                                                                            

                       It is not clear to the examiner how the "calibration system" (lines 21-25) is meant to fit within the                              
                       context of a "computerized information processing system" (line 1) as a whole. . . .  [T]he examiner                               
                       referred to the specification (pages 15-17) for clarification on the claimed "calibration system".                                 
                       However, the description found merely describes a "calibration procedure" (page 15, paragraph 1,                                   
                       lines 5-6) from which the examiner cannot discern how the description comprises a "calibration                                     
                       system."                                                                                                                           

              The examiner apparently misses the detailed description of the calibration procedure, as performed with                                     

              the microcomputer attached to a mileage sensor on the vehicle and the vehicle odometer, at page 16, last                                    

              paragraph, of the specification.  The claimed "calibration system" is not indefinite in view of the                                         

              specification.  The "calibration system" is one subsystem of the overall "information processing system."                                   

              For these reasons, the rejection of claims 15-19, 26-27, and 31 is reversed.                                                                


              35 U.S.C. § 103                                                                                                                             

                       The examiner's obviousness conclusion is based on an erroneous factual finding regarding the                                       

              content of Webb and must be reversed.                                                                                                       

                       Webb states (column 1, lines 62-63):  "Mileage data can be entered using a direct mileage input                                    

              or an odometer entry."  This supports the examiner's finding that (Final Rejection, page 3; Examiner's                                      

              Answer, page 4):  "Webb et al. teach that the mileage data can be entered using a direct mileage input in                                   

              column 1, lines 62-63."  However, the examiner erroneously finds "direct mileage input" to mean                                             

              "automatically inputting information" from a mileage sensor of the vehicle and that Webb just fails to                                      

              describe a mileage sensor.  Both entry methods in Webb involve manual entry of mileage or odometer                                          

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