Ex Parte Westbury et al - Page 4



          Appeal No. 2003-1631                                                        
          Application No. 09/451,332                                                  
          disclosing updating an estimated time of arrival by associating             
          characteristics of the goods with characteristics of a carrier.             
          Appellants argue that characterizing “location” as a                        
          characteristic of both the specific goods and the second carrier            
          is inconsistent and does not allow combining information from the           
          source with information from the carrier to update an arrival               
          time estimate (brief, pages 7 & 8).  In particular, Appellants              
          assert that Bush only queries a tracking module for a current               
          location which is then compared with a planned location (reply              
          brief, page 3) instead of associating the goods and the carrier             
          information for determining the updated arrival time for those              
          specific goods (reply brief, page 4).                                       
               In response to Appellants’ arguments, the Examiner asserts             
          that the first estimated arrival time is based only upon                    
          information obtained from the second transmission whereas,                  
          similarly, the second estimate is based only on the third                   
          transmission (answer, page 9).  The Examiner argues that the                
          actual location and the itinerary of the respective carrier in              
          Bush is the same as the claimed second and third transmissions              
          which are used to calculate an estimated time of arrival (id.).             
          The Examiner further asserts that the comparison of the actual              
          location of the package and the planned itinerary in Bush is also           

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