Ex parte HUSTON et al. - Page 8




          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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