Appeal No. 2000-1741
Application No. 08/654,401
is that Gazis does disclose an optimal route planning system
which collects route planning data and Behr does, in fact,
disclose a computerized navigation system which collects
computerized navigation data. The instant claimed invention
explicitly excludes the collection of route planning or
computerized navigation data. Albeit a negative limitation, this
is still a claim limitation which must be considered by the
examiner when evaluating the prior art which is applied against
the claims. Because both Gazis and Behr provide for the
collection of data which is explicitly excluded by the claim
language, even if they may, in fact, also disclose the collection
of other data, the instant claimed subject matter is not
suggested by the references because the examiner has pointed to
nothing in those references which would have suggested precluding
collection of route planning or computerized navigation data. Of
course, this is a double edged sword for appellants since, at the
same time, any system which is adapted to collect route planning
or computerized navigation data, of any kind, would not infringe
the instant claimed subject matter since the claims explicitly
exclude this from forming any part of the instant claimed subject
matter. The claims also exclude any disclosed embodiment of the
invention wherein route planning or computerized navigation data
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