Ex Parte HERZOG et al - Page 4




            Appeal No. 2003-0811                                                          Page 4              
            Application No. 09/285,290                                                                        


                   The appellants argue throughout both briefs that the applied prior art does not            
            suggest the claimed subject matter.  We agree.                                                    


                   All the claims under appeal require a logistics system to control application of           
            ballast along a selected section of railroad and comprising, inter alia, (1) a railroad car       
            including a ballast hopper and a pair of hopper doors engaged with the hopper and                 
            operable to open and close to, thereby control discharge of ballast from the hopper;              
            (2) a global positioning system (GPS) receiver engaged with the railroad car and                  
            operative to generate a location signal representing a location of the railroad car, the          
            GPS receiver being adapted to receive GPS coordinate signals from both a GPS                      
            satellite constellation and from a differential GPS; (3) the railroad car including a wheel       
            and travel distance measuring means including a wheel encoder with the wheel for                  
            counting revolutions and partial revolutions thereof, a travel distance converter receiving       
            input from the encoder, and a travel distance computer connected to and adapted for               
            receiving input from the travel distance converter; (4) a position control subsystem              
            coupled to the GPS receiver, the encoder, and the hopper door actuators, the position             
            control subsystem storing data representing a location of the selected section of the             
            railroad along which application of ballast is desired; and (5) the GPS receiver                  
            communicating information relating to the railroad car position to the position control           
            system, the travel distance computer interfacing with the position control system                 








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