Ex Parte MAXWELL et al - Page 13




              Appeal No. 2002-0662                                                               Page 13                
              Application No. 09/099,963                                                                                


                     For the reasons set forth above, the decision of the examiner to reject claim 1                    
              under 35 U.S.C. § 103 is affirmed.  In view of the appellants above-noted grouping of                     
              claims, claims 7, 14, 15 and 21 fall with claim 1.  Thus, it follows that the decision of the             
              examiner to reject claims 7, 14, 15 and 21 under 35 U.S.C. § 103 is also affirmed.                        


              Claim 3                                                                                                   
                     We sustain the rejection of claim 3 under 35 U.S.C. § 103.                                         


                     Claim 3 reads as follows:                                                                          
                            A navigation system of Claim 1, wherein said position includes at least a                   
                     first position and a second position, said system for determining said route based                 
                     on said first position and said display being automatically scaled to display said                 
                     route and said second position, said first position being different than said                      
                     second position.                                                                                   


                     The appellants argue that Ayanoglu does not teach or suggest a determination                       
              of a second vehicle position or a subsequent determination of vehicle position in                         
              relation to the recommended route after the route has been determined.  The                               
              appellants also assert that the destination point is not a determination of a second                      
              vehicle position after the best route has been determined.                                                











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