Ex Parte Mishra et al - Page 7




               Appeal No. 2005-2668                                                                                             
               Application No. 09/765,823                                                                                       

                      We therefore find no error in the rejection of representative claim 1.1  We thus                          
               sustain the rejection of claims 1-3, 6-9, 11-20, 31-45, and 47-73.                                               
                      Appellants do not separately argue the rejection over Hertel, Johnson, and                                
               Mansell.  Instant claim 4 recites that the position determination device comprises an                            
               accelerometer.  Mansell teaches (col. 9, l. 67 - col. 10, l. 18) that an accelerometer may                       
               advantageously replace or supplement a GPS receiver.  We thus sustain the rejection                              
               of claim 4, and of claims 5, 10, and 46 also rejected.                                                           


                                                       CONCLUSION                                                               
                      The rejection of claims 1-20 and 31-73 under 35 U.S.C. § 103 is affirmed.                                 














                      1 We observe that, under an alternative and reasonable interpretation of claim 1, the                     
               “communication interface,” with respect to “the information,” need only be capable of transmitting and           
               receiving such information.  The claim does not positively set forth a “central agency,” which is disclosed      
               as processing received information and transmitting further information in return.  The “communication           
               interface” that is set forth makes no decisions with respect to the meaning of the information.  See, e.g.,      
               original claim 1; Figure 1, element 39.                                                                          
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