Ex Parte MAXWELL et al - Page 10




              Appeal No. 2002-0662                                                               Page 10                
              Application No. 09/099,963                                                                                


              to modify the system of Ayanoglu by scaling the map to simultaneously display the                         
              position along with the route in view of the teachings of Fast.                                           


                     Claims 2, 5, 8, 12, 16 and 20 stand rejected under 35 U.S.C. § 103 as being                        
              unpatentable over Ayanoglu in view of Fast as modified above, and further in view of                      
              Endo.   In this rejection (answer, pp. 5-6), the examiner further determined that                         
              (1) Ayanoglu does not disclose a means for determining a distance from a position to                      
              the route and to display the distance; and (2) it would have been obvious to one of                       
              ordinary skill in the art at the time the invention was made to modify the system of                      
              Ayanoglu by determining the distance from the position so that the navigation system                      
              can search for a route so that the travel distance to the destination may be                              
              comparatively short in view of the teachings of Endo.                                                     


              Grouping of claims                                                                                        
                     In the brief (pp. 3-4), the appellants have provided nine claim groupings as                       
              follows: (1) Claims 1, 7, 14, 15 and 21; (2) Claim 3; (3) Claims 2, 8 and 16; (4) Claims 4,               
              9 and 17; (5) Claims 5, 12 and 20; (6) Claim 6; (7) Claims 10, 11, 18, 19 and 22;                         
              (8) Claim 13; and (9) Claims 23 and 24.                                                                   











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