Ex Parte HO - Page 5




                 Appeal No. 2002-0086                                                                                    Page 5                     
                 Application No. 09/053,880                                                                                                         


                          Here, claim 1 specifies in pertinent part the following limitations: "[a]n improved                                       
                 transportation scheduling method for scheduling a plurality of trips T1-Tn, using a                                                
                 plurality of vehicles V1-Vn, each of said plurality of vehicles having a trip manifest, said                                       
                 method comprising . . . determining a best insertion pair into said trip manifest of said                                          
                 best vehicle for said best trip and updating said trip manifest to include said best                                               
                 insertion pair. . . ."  The appellant's specification defines the "trip manifest" as follows.                                      
                 "A manifest is an ordered sequence of stop events.  Each event has an associated                                                   
                 location (either pickup or dropoff) and an assigned time."  (Spec. at 1.)  Reading "trip                                           
                 manifest" in light of the specification, the limitations require dynamically updating a                                            
                 vehicle's trip manifest, i.e., its schedule of pickups or dropoffs, in response to the                                             
                 scheduling of an individual trip.                                                                                                  


                          "Having construed the claim limitations at issue, we now compare the claims to                                            
                 the prior art to determine if the prior art anticipates those claims."  In re Cruciferous                                          
                 Sprout Litig., 301 F.3d 1343, 1349, 64 USPQ2d 1202, 1206 (Fed. Cir. 2002).  "A claim                                               
                 is anticipated only if each and every element as set forth in the claim is found, either                                           
                 expressly or inherently described, in a single prior art reference."  Verdegaal Bros., Inc.                                        
                 v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987) (citing                                                  
                 Structural Rubber Prods. Co. v. Park Rubber Co., 749 F.2d 707, 715, 223 USPQ 1264,                                                 
                 1270 (Fed. Cir. 1984); Connell v. Sears, Roebuck & Co., 722 F.2d 1542, 1548, 220                                                   








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