Ex Parte Menendez - Page 2

                Appeal 2007-3382                                                                             
                Application 10/040,288                                                                       

                                             BACKGROUND                                                      
                      Appellant’s invention relates to a system for monitoring a service                     
                vehicle.  An understanding of the invention can be derived from a reading of                 
                exemplary claim 1, which is reproduced below.                                                
                1.  A service vehicle for making service calls at a plurality                                
                of locations, the service vehicle comprising:                                                
                         a position determination device;                                                    
                      a subsystem indicator indicating a condition of a subsystem                            
                of the service vehicle;                                                                      
                         an associated mobile communication device; and                                      
                      a hub in permanent communication with a central computer,                              
                the hub communicating with the position determination device, the                            
                subsystem indicator, and the mobile communication device.                                    

                                                PRIOR ART                                                    
                      The prior art references of record relied upon by the Examiner in                      
                rejecting the appealed claims are:                                                           
                Saunders     US 5,918,172  Jun. 29, 1999                                                     
                Flick (Flick ‘946)   US 6,703,946 B2  Mar. 9, 2004                                           
                                   (CIP of application 09/859,727 filed May 17, 2001)                        

                                               REJECTIONS                                                    
                      Claims 1-3, 5-7, 12, 16-18, 20-22, and 27 stand rejected under                         
                35 U.S.C. § 102(e) as being anticipated by Flick ‘946.  Claims 4, 8-9, 13-15,                
                19, 23-24, and 28-30 stand rejected under 35 U.S.C. § 103(a) as being                        
                unpatentable over Flick ‘946.  Claims 10-11, 25-26, and 31 stand rejected                    



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