Ex Parte Westbury et al - Page 3



          Appeal No. 2003-1631                                                        
          Application No. 09/451,332                                                  
               associating, with the data processing system, said second              
          carrier with said supplier goods by comparing at least one of               
          said characteristics of said supplier goods contained in said               
          first transmission with at least one of said characteristics of             
          said second carrier contained in said third transmission; and               
               determining, with the data processing system, a second                 
          estimated time of arrival from a route plan and the third                   
          transmission, said second estimated time of arrival being an                
          updated estimated time of arrival of said supplier goods to said            
          final destination.                                                          
               The Examiner relies on the following reference in rejecting            
          the claims:                                                                 
               Bush                5,835,377           Nov. 10, 1998                  
               Claims 8-14 stand rejected under 35 U.S.C. § 103(a) as being           
          unpatentable over Bush.                                                     
               We make reference to the answer (Paper No. 16, mailed                  
          January 13, 2003) for the Examiner’s reasoning in support of the            
          rejection, and to the appeal brief (Paper No. 15, filed January             
          3, 2003) and the reply brief (Paper No. 17, filed March 12, 2003)           
          for Appellants’ arguments thereagainst.                                     
                                       OPINION                                        
               Appellants recognize that Bush discloses a method for                  
          optimized material movement in a computer manufacturing system              
          using global positioning system (GPS) and a tracking module which           
          is built into each shipment container (brief, page 6).  However,            
          Appellants dispute the Examiner’s reliance upon Bush for                    

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