Ex parte HIJIKATA - Page 6




          Appeal No. 2001-0027                                                        
          Application 09/110,397                                                      


          location of the vehicle since route changes are provided                    
          shortly before another route is to be abandoned (answer, page               
          6).  Furthermore, the Examiner indicates that Zechnall obtains              
          “run experience data” using a test vehicle that records the                 
          data while running on roads.  With regard to Maki, the                      
          Examiner states that travel route data is recorded manually in              
          a record book based on the odometer input as a vehicle travels              
          on a road (answer, page 7).                                                 
               In rejecting claims under 35 U.S.C. § 103, the Examiner                
          bears the initial burden of presenting a prima facie case of                
          obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28                    
          USPQ2d 1955, 1956 (Fed. Cir. 1993).  The conclusion that the                
          claimed subject matter is obvious must be supported by                      
          evidence, as shown by some objective teaching in the prior art              
          or by knowledge generally available to one of ordinary skill                
          in the art that would have led that individual to combine the               
          relevant teachings of the references to arrive at the claimed               
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988). Furthermore, to reach a                        
          conclusion of obviousness under § 103, the examiner must also               


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