Ex Parte Flick - Page 2




              Appeal No. 2005-2762                                                                  Παγε 2                                        
              Application No. 09/859,973                                                                                                          


                                                    BACKGROUND                                                                                    
                     The appellant's invention relates to a tracking and alerting system for a vehicle.                                           
              A copy of the claims under appeal is set forth in the appendix to the appellant's brief.                                            


                                                     The Rejection                                                                                
                     Claims 1-27 stand rejected under 35 U.S.C. § 102(a) as being anticipated by                                                  
              Gioia1.                                                                                                                             
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                                                
              the appellant regarding the above-noted rejection, we make reference to the rejection                                               
              (mailed January 28, 2003), answer (mailed June 19, 2003) and supplemental answer                                                    
              (mailed March 23, 2005 ) for the examiner's complete reasoning in support of the                                                    
              rejection and to the supplemental brief (filed April 30, 2003), first reply brief (filed August                                     
              22, 2003) and second reply brief (filed May 26, 2005 ) for the appellant's arguments                                                
              thereagainst.                                                                                                                       
                                                        OPINION                                                                                   
                     In reaching our decision in this appeal, we have given careful consideration to                                              
              the appellant's specification and claims, to the applied Gioia patent, and to the                                                   


                                                                                                                                                 
                     1 U.S. Pat. No. 6,067,007, issued May 23, 2000.                                                                              


















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