Ex parte HUSTON et al. - Page 13




          Appeal No. 1999-0172                                                        
          Application 08/334,733                                                      


               Although the Bickley reference teaches that the GPS                    
          communications interface disclosed therein can be used to                   
          determine the locations of items such as trucks, aircraft,                  
          ships and warehouse assets which arguably constitute freight                
          containers, it does not detail this implementation with the                 
          specificity necessary to establish that each and every element              
          recited in claim 1 is met.  In a sense, Bickley is somewhat                 
          ambiguous in this regard, and it is well settled that an                    
          anticipation rejection cannot be predicated on an ambiguous                 
          reference (In re Turlay, 304 F.2d 893, 899 134 USPQ 355, 360                
          (CCPA 1962)).                                                               


               Accordingly, we shall not sustain the standing 35 U.S.C.               
           102(e) rejection of claim 1, or of claims 2, 3 and 5                      
          through 7 which depend therefrom, as being anticipated by                   
          Bickley.                                                                    


          IV. The 35 U.S.C.  103(a) rejections.                                      


               Although the four  103(a) rejections rest on different                
          primary references, Rudnicki, Burns, Welles or Alesio, they                 
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