Ex Parte Spencer et al - Page 8


                Appeal No. 2006-2850                                                                          
                Application No. 10/812,027                                                                    

                detachable unit to navigate when not in the vehicle.  Accordingly, we find                    
                ample evidence of record to support the Examiner’s rejection of claim 1.                      
                      On page 13 of the Brief, Appellant asserts that the Examiner’s                          
                rejection of claims 3, 5 through 17, 30, 31 and 33 through 38 should be                       
                reversed for the same reasons asserted with respect to claim 1.                               
                      As discussed supra, Appellant’s arguments directed to claim 1 have                      
                not convinced us of error in the Examiner’s rejection of claim 1.                             
                Accordingly, we will sustain the Examiner’s rejection of claims 3, 5 through                  
                17, 30, 31 and 33 through 38 under 35 U.S.C. § 103 (a).                                       
                      Rejection of claims 18 through 22.                                                      
                      On page 13 of the Brief, Appellant argues that the combination of                       
                Kamiya, Kodama and Avitan fails to render obvious the claimed subject                         
                matter.  On pages 13 and 14 of the Brief, Appellant presents arguments                        
                similar to those discussed above with respect to the combination of Kamiya                    
                and Kamiya.  On page 14 of the Brief, Appellant argues:                                       
                      [I]n Avitan the different data is stability criteria for a number of                    
                      different trucks in order to minimize the need for highly trained                       
                      personnel for installation. (Avitan at column 3, lines 43-51). The                      
                      Avitan system does not fairly envision installation of a computer                       
                      module in a first vehicle and subsequently in a second vehicle, rather                  
                      Avitan describes including vehicle data for both the first and second                   
                      vehicles in two computer modules, one of the computer modules                           
                      being installed in a first vehicle and the other installed in a second                  
                      vehicle. As such, a person of ordinary skill would not have been                        
                      motivated to combine Kamiya with Avitan . . .  .                                        
                      In response, the Examiner states, on page 15 of the Answer:                             



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