Ex Parte MAXWELL et al - Page 19




              Appeal No. 2002-0662                                                               Page 19                
              Application No. 09/099,963                                                                                


                     In our view, claim 23 is met by the modified system of Ayanoglu since a GPS                        
              navigation system as taught Ayanoglu would inherently be repeatedly determining the                       
              position of the navigation system and thus displaying the current vehicle position on a                   
              selected map and repeatedly determining the map scale as the vehicle proceeds along                       
              a route.                                                                                                  


                     For the reasons set forth above, the decision of the examiner to reject claim 23                   
              under 35 U.S.C. § 103 is affirmed.  In view of the appellants above-noted grouping of                     
              claims, claim 24 falls with claim 23.  Thus, it follows that the decision of the examiner to              
              reject claim 24 under 35 U.S.C. § 103 is also affirmed.                                                   


              Claims 2, 8 and 16                                                                                        
                     We will not sustain the rejection of claims 2, 8 and 16 under 35 U.S.C. § 103.                     


                     Claims 2, 8 and 16 add to their respective parent claims the further limitation that               
              the navigation system determines a distance from the position to the route and that the                   
              display displays the distance.                                                                            


                     The appellants argue that there is no teaching or suggestion in Endo or the other                  
              applied references (i.e., Ayanoglu and Fast) of displaying a distance from the position                   








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