Ex parte SMITH - Page 4



          Appeal No. 1998-2472                                                        
          Application No. 08/614,324                                                  


          claims 12, 15, and 16.  However, the limitation argued for                  
          group two does not appear in claims 18 and 19 and the                       
          limitation argued for group 3 does not appear in claim 22.                  
          Accordingly, we will treat the claims according to the                      
          following six groups: (1) claims 4, 7, 8, 17, and 20; (2)                   
          claims 5, 6, 13, 14, 23, and 24; (3) claims 18 and 19, (4)                  
          claim 21; (5) claim 22, and (6) claims 12, 15, and 16, with                 
          claims 4, 5, 18, 21, 22, and 12, respectively, as                           
          representative.2                                                            
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by appellant and the examiner.  As a consequence of our                     
          review, we will affirm the obviousness rejections of claims 4,              
          7, 8, 12, 15 through 20, and 22, but reverse the obviousness                
          rejection of claims 5, 6, 13, 14, 21, 23, and 24.                           
               With regard to the first group of claims, according to                 
          the examiner (Answer, page 4), Meyer discloses all of the                   
          limitations of claim 4 except for analyzing the samples using               
          a neural network which includes a neural network data                       

               We note that the examiner added Coker to the primary combination of2                                                                     
          Meyer and Sheppard to reject claims 6, 14, and 19.  However, since appellant
          has relied solely on the arguments for claims 4, 12, and 17, respectively,  
          with no separate arguments regarding Coker, we will treat claims 6, 14, and 19
          with the claims from which they depend, claims 5, 13, and 18.               
                                          4                                           




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

Last modified: November 3, 2007