Appeal No. 2001-1480 Page 11
Application No. 09/129,285
invention to use the traffic information obtained from GPS
information and other sources as taught by Ayanoglu to
regulate variable speed limit signs in order to alleviate
traffic congestion on existing roadways and highways.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1, 3 and 5-7 under 35 U.S.C. § 102(e) and claims 2 and
4 under 35 U.S.C. § 103(a) is reversed as to claims 1, 3 and
5-7 and affirmed as to claims 2 and 4. New grounds of
rejection of claims 1, 3 and 5-7 are entered pursuant to 37
CFR § 1.196(b).
In addition to affirming the examiner's rejection of one
or more claims, this decision contains new grounds of
rejection pursuant to 37 CFR § 1.196(b). 37 CFR § 1.196(b)
provides, "A new ground of rejection shall not be considered
final for purposes of judicial review."
Regarding any affirmed rejection, 37 CFR § 1.197(b)
provides:
(b) Appellant may file a single request for
rehearing within two months from the date of the
original decision . . . .
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