Ex Parte Himebaugh - Page 9



         Appeal No. 2006-0165                                                       
         Application 10/292,721                                                     
                                                                                   
              The appellant argues that there is no motivation in Suarez            
         or Fan to merge the two technologies, and that it is unclear how           
         Suarez would be modified by one of ordinary skill in the art to            
         incorporate Fan’s disclosure (brief, page 16).                             
              The motivation would have been to provide the taxicab                 
         passengers with Fan’s location relevant information, and Suarez            
         would have been modified by programming the wireless                       
         communication device’s processor to receive the data and display           
         it to the passengers.                                                      
                                  Claims 3 and 5-9                                  
              Regarding claims 3 and 5-9 the appellant relies upon the              
         arguments set forth with respect to claims 1 and 2 (brief,                 
         pages 16-19).1  Those arguments are not persuasive for the                 
         reasons given above regarding the rejections of claims 1 and 2.            
                                      Claim 10                                      
              The appellant argues that there is no suggestion in Suarez            
         to add a second screen display coupled to the processor (brief,            
         page 20).                                                                  
                                                                                   
              1 The appellant recites the limitations of claims 3 and 5-9 (brief, pages 17-19), but
         that is not a substantive argument for the separate patentability of those claims.


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