Ex Parte METTERNICH et al - Page 9




              Appeal No. 2003-0494                                                                                       
              Application No. 09/176,012                                                                                 


              implemented with an information provider that is capable of communicating with a                           
              telephone.  Step a) of claim 15 contains a similar limitation, that “the brief command can                 
              be produced using the keypad of a mobile phone.”                                                           
                     The examiner states, on page 4 of the answer, that Honda discloses, “using a                        
              user data processing system (e.g. MT1) to prepare a query profile”.  Appellants argue,                     
              on pages 13 and 14 of the brief, that a data processing system is separate from a                          
              telephone and contains greater functionality then a phone.  We are not convinced by the                    
              appellants’ argument.  The term “data processor” is not defined in the claims or the                       
              specification.  The plain meaning of the term is “the handling of information by electronic                
              machine in accordance with strictly defined system procedures.”4  This definition is                       
              consistent with the appellants’ specification.  However, it is broader then either a PC, as                
              suggested by appellants on page 12 of the brief, or a machine with a full function                         
              keyboard, as suggested by appellants on page 13 of the brief.  Thus, we find the scope                     
              of the claim limitation of a data processor in claim 15 is broad enough to encompass an                    
              electronic machine for handling information.                                                               
                     In the statement of the rejection, on page 2 of the brief, the examiner equates                     
              Honda’s mobile telephone terminal MT1 to the data processing system and the base                           
              station to the information supplier. We agree with the examiner’s rationale.  We find that                 
              Honda teaches that the mobile telephone terminal MT1 can operate in several modes.                         
              In one mode, MT1 can operate as a mobile telephone the user can enter an abbreviated                       


              4 Definition taken from Random House College Dictionary, Revised Edition,1982.                             
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