Ex parte SAITO et al. - Page 9




          Appeal No. 96-1339                                                          
          Application 08/089,433                                                      

          combining the teachings to provide the claimed subject matter               
          is erroneous.                                                               
               Fifth, the examiner makes a distinction between                        
          "numerical values" and "numerical-value data," stating that                 
          "numerical value data is the data related to the numerical                  
          values and not necessarily the numerical values itself" (EA5)               
          and (EA5-6):                                                                
               Examiner regards the "numerical value data" in the claims              
               as the relationship between the graph itself and the                   
               values in the coordinate system, (e.g., Saito, figure 2).              
               Therefore, Examiner maintains that Saito's graph in                    
               figure 2 shows not only the time series order graph, but               
               also the time series order numerical value data.                       
          This argument appears to be the same as the Second argument                 
          addressed, supra, and we refer back to our discussion thereof.              
          It is clear that "numerical-value data" is data in the form of              
          a numerical value, not a point on a graph which indirectly                  
          represents a numerical value.  Again, to the extent the                     
          examiner relies on a broad claim interpretation of claim 1                  
          that reads on Saito, we find such interpretation unreasonable.              
               In summary, we conclude that the examiner has failed to                
          establish a prima facie case of obviousness.  Accordingly, the              
          rejection of claims 1-22 is reversed.                                       
                                      REVERSED                                        
                                        - 9 -                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007