Ex parte SHIMOJIMA et al. - Page 5




                  Appeal No. 95-4386                                                                                                                     
                  Application 08/127,139                                                                                                                 


                  specification, and Rogoff.                                                                                                             



                           Rather than repeat the positions of appellants and the examiner, reference is made to the Briefs                              

                  and the Answer for the respective details thereof.6                                                                                    

                                                                      OPINION                                                                            

                           In reaching our conclusion on the issues raised in this appeal, we have carefully considered                                  

                  appellants’ specification and claims, the applied references and admitted prior art, and the respective                                

                  viewpoints of appellants and the examiner.  As a consequence of our review of the record before us,                                    

                  we find that Suzuki, as well as the other applied prior art, fails to teach or suggest the feature of                                  

                  representative claim 16 on appeal of recalling and displaying selected past underwater conditions and                                  

                  underwater transient objects associated with past ship track points.  Accordingly, we will reverse the                                 

                  examiner’s decisions rejecting independent claims 4 to 9 and 11 to 45 on appeal as being obvious                                       

                  under 35 U.S.C. § 103.                                                                                                                 

                           Appellants argue that Suzuki and Nagao fail to teach or suggest storing past underlying transient                             

                  object data and past underwater condition data (Brief, pages 17 and 21; Reply, pages 5, 6, 8, and 9).                                  

                  The examiner agrees (Answer, page 5), as do we.  The examiner alleges (Answer, page 5) that such a                                     



                           6We note that the Reply Brief has been "entered and considered" as per the June 28, 1995, communication                       
                  from the examiner.  We also note that the after final amendments of September 6, 1994, and of February 1, 1995,                        
                  making minor corrections to claims 16 and 18 have been entered by the examiner.                                                        
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