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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