Ex Parte MAXWELL et al - Page 12




              Appeal No. 2002-0662                                                               Page 12                
              Application No. 09/099,963                                                                                


                     We agree with the appellants that the teachings of Fast would have suggested                       
              that both the initial position of the vehicle prior to route determination (Ayanoglu's                    
              "current position depicted in block 120 of Figure 3) and the destination point be                         
              automatically scaled to be simultaneously displayed and that the current vehicle                          
              position may not be included in such display.  However, contrary to the argument of the                   
              appellants, claim 1 does not recite that the current vehicle position be included in the                  
              display.  Claim 1 requires that (1) a system determine both "a position of the navigation                 
              system relative to the database" and a route to a destination; and (2) a display                          
              automatically being scaled to display the route and the position.  Thus, claim 1 is                       
              readable on the teachings of Ayanoglu and Fast as combined by the examiner since                          
              the system of Ayanoglu as modified by the teachings of Fast would determine both a                        
              position of the navigation system relative to the database (the initial position of the                   
              vehicle prior to route determination, the current position depicted in block 120 of                       
              Ayanoglu's Figure 3) and a route to a destination (depicted in block 170 of Ayanoglu's                    
              Figure 3) and then automatically scale the display to include the route to the destination                
              point and the position (the initial position of the vehicle prior to route determination and              
              thus the initial point of the determined route).1                                                         



                     1 In fact, it appears to us that claim 1 is probably anticipated by Ayanoglu and the admitted prior
              art discussed on pages 1-2 of the specification.  This admitted prior art states that the typical navigation
              system provides a guidance mode map showing the starting point, desired destination, current location     
              and highlights the recommended route.                                                                     






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