Appeal No. 1999-0172
Application 08/334,733
improper.
For the filing date benefit to attach, the claimed
invention must be disclosed in the earlier application “in the
manner provided by the first paragraph of section 112 of this
title”
(35 U.S.C. § 120). The claimed invention here pertains to a
system and method for determining locations of freight
containers in a freight yard. There is no disclosure of such
in parent Application 07/804,368, which instead is directed to
a system and method for measuring golf distances. Thus, the
subject matter recited in the appealed claims is not entitled
to the benefit of the earlier December 10, 1991 filing date,
and Mansell, Welles, Bickley and Alesio do constitute prior
art with respect to these claims.
II. The 35 U.S.C. § 102(b) rejection based on Mansell.
Mansell discloses a vehicle tracking and security system
“especially suitable for use in fleet vehicle management,
vehicle theft deterrent, stolen vehicle tracking, railroad car
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