Ex parte SCARZELLO et al. - Page 4




          Appeal No. 95-5091                                          Page 4           
          Application No. 08/054,166                                                   
               Appellants' contention that Scarzello would not suggest a               
          perpendicular component is not consistent with the text of the               
          reference or their specification.  The magnetometer's                        
          horizontal component is parallel to the roadway surface and                  
          the vertical component is perpendicular to the horizontal                    
          component.  Their specification concedes that a person having                
          ordinary skill in the art could readily adapt the Scarzello                  
          magnetometer system to other axes.  (Paper No. 1 at 9.)  In                  
          view of the arguments of                                                     


          record, the preponderance of evidence supports the examiner's                
          conclusion.                                                                  
                                       DECISION                                        
               We affirm the rejection of claim 32 under section 103.                  
          The period for taking any subsequent action in connection with               



















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