Ex Parte Willer et al - Page 6


                 Appeal 2007-0869                                                                                      
                 Application 10/648,587                                                                                
                 claimed.  We recognize that the Bluetooth data sheets provided by the                                 
                 Examiner teach circuits that make use of a reference oscillator external from                         
                 the chip.  These data sheets do not teach that the same reference oscillator is                       
                 used for multiple circuits.  While it is common knowledge that computers                              
                 systems typically have one oscillator for the system, we do not find evidence                         
                 of record that the problem solved by a single system clock in a computer                              
                 system applies to a device with a GPS unit and transceiver unit as claimed.                           
                 Accordingly, we do not find that the combination of McCarthy and Peterzell                            
                 teaches or suggests the limitations of independent claims 1 and 26.                                   
                        Independent claim 16 recites “one and only one reference oscillator in                         
                 the housing providing mixing signal to the GPS receiver and the wireless                              
                 transceiver, the receiver and transceiver not sharing a mixer.”  Thus, claim                          
                 16 is of different scope then independent claims 1 and 26.  Nonetheless                               
                 claim 16 also recites that one oscillator provides input to a GPS unit and a                          
                 transceiver.  As discussed above we do not find that the combination of                               
                 McCarthy and Peterzell teach or suggest this feature.                                                 

                                                      CONCLUSION                                                       

                        We consider the Examiner’s rejection of 8 through 16, 18 through 22,                           
                 and 26 through 28 under 35 U.S.C. § 103(a) to be in error as we do not find                           
                 that the combination of McCarthy in view of Peterzell teach or suggest the                            
                 limitations in independent claims 8, 16, and 26.  Accordingly, we will not                            
                 sustain the Examiner’s rejection of claims 8 through 16, 18 through 22, and                           
                 26 through 28 under 35 U.S.C. § 103 (a).                                                              


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