Ex Parte Irvin et al - Page 6



            Appeal 2007-0277                                                                                 
            Application 10/270,236                                                                           

            and col. 6, ll. 32-37) describes comparing an apparent range and an estimated                    
            range. According to the Examiner, “apparent range” and “estimated range”                         
            correspond to the claimed derived GPS parameter and expected GPS parameter.                      
            Answer 5.  Second, the Examiner argues that Huston’s estimated range                             
            corresponds to an “expected pseudorange” because their functions are the same.                   
            Answer 6. Third, the Examiner argues that Whyntie was merely cited “to show the                  
            feature of issuing a warning . . . is well known in the GPS art.” Answer 6.                      
                   Appellants reply that, first, the claim calls for comparing a derived                     
            parameter and a corresponding expected parameter; second, because the Examiner                   
            notes that Huston compares pseudorange and an estimated range, the Examiner                      
            concedes that Huston does not compare a derived parameter and a corresponding                    
            expected parameter (e.g., expected pseudorange); and, third, Whyntie teaches a                   
            warning system responsive to a particular situation rather than responsive to                    
            differences in GPS parameters.  Reply Br. 2-4.  Appellants also take issue with the              
            Examiner’s view that an “estimated range” and “expected parameter” correspond                    
            to each other on the grounds that they have the same function.  Reply Br. 3.                     
                   Accordingly, the issue is whether the Examiner erred in finding (a) that                  
            Huston suggests the step of “comparing the at least one derived GPS parameter                    
            with a corresponding at least one expected GPS parameter” and (b) that Whyntie                   
            suggests the step of “issuing a warning if the comparison indicates an irregularity              
            between any of the derived GPS parameters and any of the corresponding expected                  
            GPS parameters.”                                                                                 


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