Ex parte ISO - Page 5




          Appeal No. 1997-3914                                                        
          Application No. 08/384,457                                                  

          rather the cluster spellings are not associated with any one                
          individual.  (Brief-pages 4 and 5.)  Appellant states:                      
                    In other words, in step (a) of claim 9, a                         
               reference pattern is generated for each speaker.  If                   
               the number of existing speakers is, for example,                       
               100, an independent reference pattern is separately                    
               generated for each of the 100 speakers, indicating                     
               that reference patterns being 100 in total are                         
               generated.  On the other hand, Gillick describes at                    
               column 13 that sound data pieces uttered by many                       
               speakers are subjected to clustering to generate a                     
               single reference pattern.  Thus, Gillick is totally                    
               different from the present invention.  (Brief-pages                    
               5 and 6.)                                                              

               During prosecution, the Patent and Trademark Office is                 
          required to give claims their "broadest reasonable                          
          interpretation", consistent with the specification.  In re                  
          Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir.                
          1997).  Appellant indicates that Gillick generates a single                 
          reference pattern from many speakers.  However, to do so, we                
          note, Gillick must first gather sound reference data from each              
          speaker.  As stated in Gillick:                                             
                    Once this is done, the clustering process shown                   
               in FIG. 7 can take place.  As is described in                          
               greater detail in application Ser. No. 862,275, the                    
               method of FIG. 7 concatenates each of the                              
               corresponding node models 20A produced by different                    



                                          5                                           





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

Last modified: November 3, 2007