Ex Parte SHEPHERD - Page 2




              Appeal No. 2001-2612                                                                Page 2                
              Application No. 09/479,741                                                                                


                                                   BACKGROUND                                                           
                     The appellant's invention relates to a an educational system (claims 1-12) and to                  
              an educational method (claims 13-20 and 22).  An understanding of the invention can                       
              be derived from a reading of exemplary claim 1, which reads as follows:                                   
                            1.  An educational system for teaching individuals their                                    
                            emotions, comprising:                                                                       
                            (a) at least one set of plural faces;                                                       
                            (b) said set of plural faces being correlated with a respective                             
                            one and only one of a multiplicity of different emotions                                    
                            experienced by individuals from time to time; and                                           
                            (c) for said one and only one emotion correlated with said                                  
                            one set of plural faces, a plurality of states of said respective                           
                            one and only one emotion are defined in the form of different                               
                            facial expressions on said plural faces of said one and only                                
                            one set thereof which distinguish different levels of                                       
                            intensities of the respective states from one another.                                      
                     The single prior art reference of record relied upon by the examiner in rejecting                  
              the appealed claims is:                                                                                   
              Frank et al. (Frank)                      5,405,266                   Apr. 11, 1995                       
                     Claims 1-20 and 22 stand rejected under 35 U.S.C. § 112, second paragraph, as                      
              being indefinite for failing to particularly point out and distinctly claim the subject matter            
              which the applicant regards as the rejection.                                                             
                     Claims 1-6 and 8 stand rejected under 35 U.S.C. § 102(b) as being anticipated                      
              by Frank.                                                                                                 








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