Ex Parte Spencer et al - Page 12


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

                      Appellant’s arguments have not persuaded us of error in the                             
                Examiner’s rejection of all of the claims.  As noted above, we are not                        
                persuaded of error in the Examiner’s rejection of claims 23 or 40.  However,                  
                as discussed above we will not sustain the Examiner’s rejection of claim 18                   
                which recites a mobile computer with first and second vehicle data wherein                    
                the module uses the first data when stored in a first vehicle and the second                  
                when installed in a second vehicle.  Claims 26, 27 and 39, contain similar                    
                limitations, and therefore, we will not sustain the Examiner’s rejection of                   
                claims 26, 27 and 39 for the reasons discussed with respect to claim 18.                      
                      However, claims 24, 25, and 41 through 44 do not contain limitations                    
                directed to first and second data being used when the device is mounted in a                  
                first or second vehicles.  Claims 24, 25, and 41 through 44 are dependent                     
                upon either claim 23 or claim 40 and recite the steps of propagating the                      
                position of the vehicle after the CPU and inertial sensor are installed on the                
                vehicle.  Unlike claim 22 which recites propagating the position of the                       
                vehicle from the vehicle data, claims 24, 25 and 41 through 44 do not recite                  
                the source of the position information.  Thus, the scope of claims 24, 25 and                 
                41 through 44 is broad and includes propagation of position data from other                   
                sources, such as for example being propagated from the GPS receiver.  We                      
                find that paragraph 0027 of Kodama, discusses that one of the first steps of                  
                finding a position of a vehicle is to receive signals from three or more                      
                satellites and calculate the current position.  In context one skilled in the art             
                would understand that this step is not performed until the system is installed                
                in a vehicle.  Thus, we find that Kodama teaches the limitations of                           
                propagating the position of the vehicle after the CPU and inertial sensor are                 

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