Ex Parte Irvin et al - Page 16



            Appeal 2007-0277                                                                                 
            Application 10/270,236                                                                           

            change in a buoy location, not irregularities between expected and derived GPS                   
            parameters.                                                                                      
                   Appellants’ argument is not persuasive. Issuing a warning is well known.                  
            Not only do Appellants admit this (FF 13) but Whyntie clearly shows issuing a                    
            warning in the same context as it is used in the method claimed, i.e., when                      
            comparing given and expected GPS coordinates.  “The combination of familiar                      
            elements according to known methods is likely to be obvious when it does no more                 
            than yield predictable results.”  KSR, 127 S.Ct. at 1739, 82 USPQ2d at 1395.  In                 
            that regard, Appellants have submitted no evidence to show that adding the known                 
            step of issuing a warning to the Huston method yields an unpredictable result.  We               
            therefore find no error in the Examiner’s rejection.                                             

                                                 REMAND                                                      
                   The application is remanded to the Examiner for re-consideration of the                   
            allowance of claims 2-12 and 17-37 in light our affirmance of the rejection of                   
            claims 13-16 and 38.  For example, we see little difference, if any, between claim               
            13 and claim 18.  Claim 18 differs from claim 13 only in including the steps of                  
            “identifying, in response to said issuing [i.e., issuing a warning], a potential source          
            of local interference; and neutralizing the source of local interference” (see claim             
            17 on which claim 18 depends).  This additional step is admitted to be well known                
            in the art.  See the Specification, p. 5, ll. 17-23  [“With the resulting warning of the         
            presence of interference, known techniques can be used to locate the source of the               
            interference and neutralize the same . . . if the interference were being generated by           
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