Appeal No. 1996-3495
Application No. 08/321,941
“miniaturized” requires the module to be small enough to be
concealable on a person’s body as in the dimensional range
noted supra.
The Eberwine patent does not expressly disclose any
particular size for the module (1) containing the GPS
receiver. Although it would be expected that Eberwine’s module
is relatively small because of space constraints in an
aircraft (note column 6, lines 9-10 of the Eberwine
specification), there nevertheless is no disclosure, express
or inherent, that Eberwine’s module is so small as to be
concealable on a person’s body or, more particularly, “readily
concealable” (claim 9, line 3; specification, page 5) as
required in appellant’s invention.
Furthermore, we agree with appellant that a description
in Eberwine’s specification (see column 6, line 55) that the
locating unit may be “mobile” does not necessarily mean that
the unit is also “portable” as required in independent claim
9. According to Webster’s Third New International Dictionary
(G.
& C. Merriam Company, 1971), the word “portable” is defined as
being “capable of being carried: easily or conveniently
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