Ex parte TOGNAZZINI - Page 8




          Appeal No. 1998-2372                                       Page 8           
          Application No. 08/639,815                                                  


          23 USPQ2d at 1784 (citing In re Gordon, 733 F.2d 900, 902, 221              
          USPQ 1125, 1127 (Fed. Cir. 1984)).                                          


               Here, the examiner asserts, "[t]he Deluca [sic] Reference              
          includes a memory means which contains data to enable the                   
          device to have its time adjusted based on reception of a                    
          signal containing location data."  (Examiner's Answer at 3.)                
          Although DeLuca teaches storing data to enable a device to                  
          have its time adjusted based on reception of a signal                       
          containing location data, the former data do not concern time               
          zone boundaries.  To the contrary, the former data comprise                 
          locations and their respective time zones.  More specifically,              
          "[t]able 60 shows a table of location signals and time zones                
          which are stored in memory means 38....  [A]n indicator                     
          indicative of the time zone of the location signal is                       
          displayed on display 30.  The indicator is additionally shown               
          in table 60 (FIG. 4)."  Col. 3, ll. 12-18.   The examiner                   
          fails to allege, let alone show, that Van Orsdel cures the                  
          deficiency.                                                                 










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