Ex parte SEYMOUR et al. - Page 7




          Appeal No. 97-2524                                                          
          Application 08/255,128                                                      



          102(e) as anticipated by the disclosure of Davis.  The                      
          examiner supports this rejection by attempting to read                      
          exemplary claim 1 on Davis [answer, pages 3-4].  With respect               
          to claim 1, appellants argue that Davis does not disclose                   
          generating “distance differences,” driver preferences for                   
          instruction timing or generating an instruction whose timing                
          is determined by a degree of conformance [brief, pages 12-14].              
          We do not agree with any of these contentions of                            
          appellants.  Davis clearly calculates distance differences                  
          because Davis must calculate the place to speak by calculating              
          distances from where a maneuver is to take place [column 18,                
          lines 19-31].  The actual location must be compared to the                  
          calculated location in order to implement the instruction at                
          the proper time.  These calculations result in distance                     
          differences.           Davis discloses providing driver                     
          instruction timing preferences.  Davis indicates that “[t]he                
          Back Seat Driver preferably stores knowledge of its users, and              
          uses this knowledge to customize its instructions to the                    
          preferences of the users” [column 2, lines 59-62].  Davis also              
          notes that the new user should play the role of “back seat                  

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