Ex parte HUSTON et al. - Page 17




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


          of either Mansell or Bickley in the manner proposed by the                  
          examiner, the result would not meet numerous limitations in                 
          these claims.                                                               


               Therefore, we shall not sustain the standing 35 U.S.C.                 
          § 103(a) rejection of claims 1, 10 and 27, or of claims 2, 3,               
          5 through 7 and 28 through 31 which depend therefrom, as being              
          unpatentable over Alesio in view of Mansell or Bickley.                     


               On the other hand, Rudnicki, Burns and Welles all involve              
          systems of the sort recited in claim 1 for determining                      
          locations of items (e.g., trains, freight cars, shipping                    
          containers) which reasonably constitute “freight containers.”               
          The examiner’s conclusion that it would have been obvious to                
          provide these systems with the error correction features                    
          recited in claim 1 finds ample support in the increased                     
          accuracy benefits suggested by Mansell or Bickley.  Moreover,               
          although the Rudnicki, Burns and Welles systems do not pertain              
          a freight yard, claim 1 does not recite the freight yard as a               
          positive element of the claimed system.  Thus, the appellants’              
          arguments with respect to these particular reference                        
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