Ex Parte MAXWELL et al - Page 11




              Appeal No. 2002-0662                                                               Page 11                
              Application No. 09/099,963                                                                                


              Claims 1, 7, 14, 15 and 21                                                                                
                     We sustain the rejection of claims 1, 7, 14, 15 and 21 under 35 U.S.C. § 103.                      


                     Claim 1 reads as follows:                                                                          
                            A navigation system comprising:                                                             
                            a database of roads;                                                                        
                            a system for determining a position of the navigation system relative to the                
                     database;                                                                                          
                            a system for determining a route to a destination in said database; [and]                   
                            a display for displaying said route and said position, said display                         
                     automatically scaling said display to include said route and said position.                        


                     The appellants' argue that there is no teaching or suggestion in Ayanoglu of a                     
              subsequent determination of current vehicle position in relation to the recommended                       
              route since the "current" or "actual" position of the vehicle utilized in Ayanoglu is                     
              determined prior to the calculation of the recommended route.  The appellants then                        
              point out that Fast would not have suggested displaying both the route and the current                    
              vehicle position.  The appellants admit (brief, pp. 5-6) that based on the teachings of                   
              Fast, the initial position of the vehicle prior to route determination (Ayanoglu's "current               
              position depicted in block 120 of Figure 3) and the destination point would be                            
              automatically scaled to be simultaneously displayed.                                                      











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