Ex Parte Mardirossian - Page 17

                Appeal 2007-0370                                                                                 
                Application 09/951,560                                                                           

           1           We therefore affirm this rejection as it applies to claim 9.                              
           2                 iii) Claim 10                                                                       
           3           The Appellant urges that Horvat fails to use satellites and is not                        
           4    practical.  (Br. 13).  As noted above, neither of these arguments is based on                    
           5    any persuasive evidence and are unpersuasive.                                                    
           6           The Appellant further urges that Vaughn teaches away from the                             
           7    claimed invention by intending the speed limit to be violated.  (Br. 13-14).                     
           8    As discussed above, this argument is without merit.                                              
           9           Finally, the Appellant urges that:                                                        
          10           Both Vaughn and Horvat fail to disclose or suggest issuing tickets                        
          11           when a speeding violation is detected via satellite.  (Br. 14)                            
          12                                                                                                     
          13           However, we find that Vaughn expressly describes reporting the                            
          14    location and speed of the vehicle determined either by speedometer or GPS                        
          15    (8:64-67) to law enforcement by using the GPS transmitting means 44.                             
          16    (9:24-26).  Vaughn also expressly states that the wireless link can also be                      
          17    implemented by satellite link.  (9:65-66).                                                       
          18           This argument is therefore wholly without merit.  We therefore affirm                     
          19    this rejection as it applies to claim 10.                                                        
          20           (iv) Claim 12                                                                             
          21           The Appellant again urges that                                                            
          22                 -Horvat fails to use satellites                                                     
          23                 -Horvat is not practical                                                            
          24                 -There is no disclosure in Vaughn of issuing a ticket                               
          25                 -Vaughn teaches away by encouraging speeding violations                             



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