Appeal No. 2006-1373
Application No. 09/814,054
Board must necessarily weigh all of the evidence and argument.” Oetiker, 977 F.2d at
1445, 24 USPQ2d at 1444. “[T]he Board must not only assure that the requisite findings
are made, based on evidence of record, but must also explain the reasoning by which the
findings are deemed to support the agency’s conclusion.” In re Lee, 277 F.3d 1338, 1344,
61 USPQ2d 1430, 1434 (Fed. Cir. 2002).
With respect to claims 51, 52, 55-65, 67 and 68, Appellant argues at pages 7 and 8
of the Appeal Brief that the proposed combination of Asano and Ohmura does not teach
displaying only two markings corresponding to the changeable location of the vehicle and
the selected destination without showing any routing path interconnecting the two
markings, as required by the claimed invention. Particularly, at page 7 of the Appeal Brief,
Appellant states the following:
All of the claims in this first group of broadest claims define a navigation
system wherein the vehicle is guided by heading direction alone using a
single display or communication consisting of only two dots or markings on
the screen. The Asano et al. patent is entirely different as described above.
It guides the vehicle along a fixed, defined, computed travel routing using a
series of different displays (eg. FIG. 7(a). FIG. 7(b), FIG 7(c) etc.) each of
which is selected by the driver by depressing a different screen switch.
All of the rejected claims in this first group specify that the two dot single
display is the only display or communication to guide the vehicle, and the
driver can select any available travel route to a desired destination being
guided only by the two dots or markings.
Appellant further expands on this same argument in the Reply Brief. In particular,
at pages 1 and 2 of the Reply Brief, Appellant states the following:
In the patent, a ‘determined route path’, eg. the entire travel route from start
to finish 63 (Fig. 7(a)), is ALWAYS computed by the system, and the
vehicle is guided to follow along this entire route 63. In the present
invention, there is no determined or entire travel route for the vehicle to
follow. The driver is guided only by directional heading and can follow any
route that he chooses to follow. This directional heading guidance is
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