Ex Parte Suryanarayana et al - Page 10


               Appeal 2007-0647                                                                             
               Application 10/421,366                                                                       

                      communicating an order selection menu from the merchant                               
                      service terminal to the telematics control unit over a wireless                       
                      channel, the order selection menu comprising a text description                       
                      and an image associated with at least one item on the order                           
                      selection menu;                                                                       

               (Claim 20).                                                                                  
                      Appellants also contend the proffered combination of August,                          
               DiPietro, and Witkowski fails to teach and or suggest the following                          
               limitations recited in claim 37 (App. Br. 8):                                                

                      receiving and displaying on the telematics control unit an order                      
                      selection menu communicated by the merchant electronic drive-                         
                      thru service over an adhoc wireless channel, the order selection                      
                      menu comprising an image and a text description related to at                         
                      least one item on the order selection menu;                                           

               (Claim 37).                                                                                  
                      We will sustain the Examiner’s rejection of these claims for the same                 
               reasons discussed supra with respect to independent claim 1, and also for the                
               following additional reasons:                                                                
                      We note that claims 20 and 37 recite essentially the same limitations                 
               previously addressed in our discussion of claim 1 supra, with the exception                  
               of the recited limitation of a “telematics control unit.”  When we look to the               
               Specification for context regarding the intended meaning of this claim term,                 
               we find Appellants disclose examples of telematics control units as: “a                      
               mobile device (e.g., GSM/ GPRS or CDMA enabled device) or a wireless                         
               personal digital assistant (PDA).”  (Specification 4, ¶1016).  After carefully               

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