Ex Parte FOLEY et al - Page 7




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


          preference from hedonic data.  However, contrary to appellants'                
          point of view, claim 1 does not address a "calculating" step.                  
          Giving claim 1 its broadest reasonable interpretation, it appears              
          to us that those having ordinary skill in the art would                        
          comprehend the claimed "processing" of hedonic test data to                    
          determine at least one predicted forced choice result to broadly               
          denote a mental assessment or review of hedonic test data to                   
          determine at least one predicted forced choice result.  For                    
          example, if two consumers, in hedonic testing, tested only                     
          competing food products A and B, on the basis of taste and                     
          appearance categories, and each gave the highest rating in both                
          categories to product A, it is quite apparent to us that one                   
          having ordinary skill in the art would have been able to process               
          (mentally assess or consider) this hedonic test data and predict               
          a forced choice preference result (product A).  The latter view                
          is clearly supported by the Peryam disclosure.  Declarant points               
          out (paragraph 9) that the Peryam reference ("Hedonic Scale                    
          Method of Measuring Food Preferences") has been reviewed but that              
          the examiner is incorrect in asserting that it would have been                 
          obvious from this reference "to process the hedonic scale data to              
          obtain forced choice comparison information," since there is no                
          suggestion in the reference to do so.  It appears to us that                   

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