Appeal 2007-1468
Application 09/912,784
receiver is turned on when a position measuring button is pressed (second
embodiment GPS turned on when a sequence of buttons are pushed). See
figures 1 and 5 and discussion in Column 4, ll. 1-22 and ll. 31-35. In these
embodiments, there is a control section, item 2, which controls power to the
GPS receiver, this power source is separate from the phone, item 3 but is
responsive to the position button on the phone. Throughout the operation of
the GPS receiver, the phone is in the standby state. In other embodiments,
there are other events which trigger powering up the GPS receiver such as:
dialing or receiving a call from a specific phone number, third and fourth
embodiment, Column 5, ll. 14-17 and ll. 38-42; based upon timer which may
be adjusted based upon distance or speed between measurements, sixth,
eight and ninth embodiment, Column 6, ll. 23-39 Column 7, ll. 60-63, and
Column 8, ll. 34-37. Several embodiments have separate modules to receive
the GPS signals and decode the GPS signals, see tenth through twelfth
embodiment, Column 9, ll. 11-18, and Column 10, ll. 1-10 and ll. 42-48. In
these embodiments, the phone is described as being in standby mode.
Column 4, ll. 52-54. We find no description of the GPS monitoring circuit
being operated when the phone is off.
LEGAL PRINCIPLES
As was recently described in In re Kahn, 441 F.3d 977, 78 USPQ2d
1329 (Fed. Cir. 2006):
[T]he “motivation-suggestion-teaching” test asks not merely
what the references disclose, but whether a person of ordinary
skill in the art, possessed with the understandings and
knowledge reflected in the prior art, and motivated by the
general problem facing the inventor, would have been led to
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