Ex parte CIARLA et al. - Page 6




          Appeal No. 2000-2128                                                        
          Application No. 09/077,102                                                  


          of performing those functions.  RCA Corp., supra.  Contrary to              
          the examiner’s assertion, supra, we do not consider that                    
          “servicing a rental transaction,” even if given its broadest                
          reasonable interpretation (In re Van Geuns, 988 F.2d 1181,                  
          1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993)), can be                        
          considered to read on Bae’s disclosed system for exchanging a               
          battery, nor would Bae’s computer control of the battery                    
          exchange system constitute the computerized control means                   
          called for in claim 20, part [c], which, it should be noted,                
          is recited as being for “both vehicle renting and battery                   
          servicing operations” (emphasis added).                                     
               Accordingly, rejection (1) will not be sustained.                      
                                   Rejection (2)                                      
               The examiner applies Guimarin as follows (final                        
          rejection, page 5):                                                         
                    It would have been obvious to one of ordinary skill               
               in the art at the time the invention was made to modify                
               Bae et al. with the teachings of Guimarin in order to                  
               have precise and efficient computerized control of the                 
               battery servicing operation and to protect the batteries               
               during transport.  It would have been obvious to one of                
               ordinary skill in the art to use this combination to                   
               service any electric vehicle such as battery powered                   
               scooters.                                                              
          However, whatever may be the merits of this conclusion of                   
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