Ex Parte Brown et al - Page 6



         Appeal No. 2004-2037                                                       
         Application No. 09/769,291                                                 

         onto said transport."  Merely being located on the plane is not            
         enough.  While this limitation might be obvious in the extreme             
         over routine practices in the art, the Examiner has not discussed          
         such in their rejection.  For example, adding art that teaches             
         safety is improved by docking portable items when on moving                
         vehicles.                                                                  
              Appellants also argue, "there simply is no motivation                 
         provided in [the references] for combining [the] references as             
         suggested in the Office Action."  We agree.  Without a linking             
         reference that shows the desirability of connecting portable               
         devices into networks for data downloading and uploading, we find          
         that there is no suggestion in the references for combining them.          
         For an example of a reference that bridges the gap between the             
         Bobowicz and Diamond references, the Examiner should see Hanson            
         et al. U.S. Patent 6,546,425 which mentions using his network              
         system in the trucking and freight industry.  We note that the             
         problem with using only the Bobowicz and Diamond references                
         arises due to the date of the Bobowicz reference which is                  
         relatively early in the widespread deployment of network                   
         architectures.  Thus, the Bobowicz reference lacks discussion of           
         many data communication features that would be considered routine          
         at the time of filing of Appellants' patent application.                   


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