Ex Parte SMITH et al - Page 8




              Appeal No. 2003-0768                                                                                     
              Application No. 09/396,287                                                                               


                     With regard to claims 34-37, independent claim 34 does not include the                            
              limitations of producing a second list from a first list and of materials being selectable               
              from a list of materials to produce a manifest with manifested materials for delivery to                 
              one or more of a plurality of delivery locations.  Rather, claim 34 monitors containers                  
              having cargo therein.  Each of the containers has a wireless communications transmitter                  
              for providing container location intelligence and a respective listing of the cargo in that              
              container.                                                                                               
                     The examiner contends that Kovarik teaches the claimed subject matter but for                     
              the wireless communication transmitter, and relies on Bush for such a teaching, holding                  
              that it would have been obvious to incorporate the wireless communication transmitter                    
              into Kovarik “because this type of technology is very beneficial for monitoring, tracking                
              and locating an entity.   Wireless communications helps to provide current, real-time                    
              reporting of an entity which is being monitored or tracked” (answer-page 9).                             
                     Appellants argue that neither reference discloses the feature whereby each client                 
              could monitor its own container cargo through his/her own computer.  This is said to be                  
              claimed in the language, “any one of said plurality of clients being associated with                     
              designated of said plurality of containers and not all of said plurality of containers.”                 
              Specifically, appellants allege that “Although a single database holds information                       





                                                          8                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007