Ex parte HIJIKATA - Page 7




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


          produce factual basis supported by teaching in a prior art                  
          reference or shown to be common knowledge of unquestionable                 
          demonstration, consistent with the holding in Graham v. John                
          Deere Co., 383 U.S. 1 (1966).  Our reviewing court requires                 
          this evidence in order to establish a prima facie case.  In re              
          Piasecki, 745 F.2d 1468, 1471-72, 223 USPQ 785, 787-88 (Fed.                
          Cir. 1984); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-              
          72 (CCPA 1966).                                                             
               After a review of Braegas, we find that the reference                  
          relates to a vehicle navigation system that takes broadcast                 
          traffic advisories into consideration when searching for a                  
          route (col. 1, lines 60-66).  Braegas further discloses                     
          receipt of such advisories in decoder 3 that evaluates traffic              
          reports and stores traffic advisories in traffic report memory              
          4 (the drawing figure and col. 2, lines 58-62).  The                        
          advisories that are relevant to the planned route are then                  
          checked against the stored information related to the type of               
          road and the traffic obstruction to determine the route that                
          takes the vehicle to its destination as quickly as possible                 
          (col. 3, lines 56-67).  Thus, to propose a preferred route,                 
          Braegas takes into account only pre-stored road-type                        
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