Appeal No. 2001-2017
Application No. 09/098,049
a GPS system “is provided with a separate source satellite
position data broadcast digital channels and one or more dial-up
service separate communication channels...for assisting the
mobile radio station to access position information from the
satellites.” However, it appears that the language “assisting
the mobile radio station to access position information from the
satellites” modifies “one or more dial-up service separate
communication channels” in which case position information is not
received by using the broadcast digital channels. Even if the
language “assisting...to access position information from the
satellites” is modifying “satellite position data broadcast
digital channels and one or more dial-up service separate
communication channels” [emphasis added], this would still
indicate that the position information is not received by using
the broadcast digital channels alone. Since the language of
Schuchman, itself, is unclear as to whether Schuchman is
providing for position information received on a broadcast
channel, any rejection under 35 U.S.C. 103, using Schuchman’s
teaching as a basis, would be based on speculation at best. This
is not a proper basis on which to rest a rejection under
35 U.S.C. 103.
Moreover, a broadcast “digital” channel is not, necessarily,
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