Ex Parte FOLEY et al - Page 4




          Appeal No. 2001-1390                                                           
          Application No. 08/922,599                                                     


               We sustain the rejection of appellants' claim 1.  It follows              
          that the rejection of claim 6 is likewise sustained since, as                  
          indicated in the main brief (page 3), claims 1 and 6 stand                     
          together.  Our reasoning appears below.                                        


               Claim 1 is drawn to a method for determining forced-choice                
          preference information, said method comprising, inter alia,                    
          processing hedonic data from all of a number of test subjects to               
          determine at least one predicted forced choice preference result,              
          with said at least one predicted forced choice preference result               
          being indicative of the likelihood that a test subject would                   
          select one of two or more test samples over another of said test               
          samples in a forced choice comparison of a pair of the test                    
          samples.                                                                       


               At this point, we refer to appellants' statement in the                   
          "Summary of the Invention" section of the specification (page 4                
          and 5) that                                                                    
                    it is possible to determine the likelihood                           
                    that a consumer will choose one product                              
                    (product A) over another product (product B)                         
                    of the same type simply by conducting hedonic                        



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