Ex parte SEYMOUR et al. - Page 9




          Appeal No. 97-2524                                                          
          Application 08/255,128                                                      



          claim 9 is essentially analogous to claim 1, we also sustain                
          the rejection of claim 9.                                                   
          With respect to claim 2, appellants argue that Davis                        
          does not teach that the guidance instruction timing is                      
          dependent on the measured speed of the vehicle.  We do not                  
          agree.  Davis discloses that the navigator of the Back Seat                 
          Driver maintains an estimate of the current position and                    
          velocity of the car [column 25, lines 10-11].  Davis also                   
          discloses that the Back Seat Driver determines at what point                
          to offer instructions to safely implement maneuvers based on                
          the speed of the vehicle.  We are of the view that this                     
          disclosure of Davis meets the broad recitation of claim 2 that              
          the timing of instructions is dependent on the speed of the                 
          vehicle.  Thus, we sustain the rejection of claim 2.                        
          With respect to claim 11, appellants merely assert                          
          that Davis does not disclose variable driver instruction                    
          timing preferences [brief, page 15].  In our view, the user-                
          models created in Davis would clearly provide variable timing               
          preferences consistent with the preferences initially                       
          established by the user acting as a “back seat driver.”                     

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