Ex Parte Russell et al - Page 2



          Appeal No. 2006-1486                                                        
          Application No. 10/608,086                                                  

               31.    A method of determining independent control                     
               variable values for a nuclear reactor under operation,                 
               comprising:                                                            
                    receiving state-point data for the operating                      
               nuclear reactor, the state-point data including current                
               values for independent control variables and for                       
               dependent performance variables of the operating                       
               nuclear reactor; and                                                   
                    performing an optimization process on one of a                    
               computer and computer network based on the received                    
               state-point data to generate one or more independent                   
               control variable values.                                               
                                   THE REFERENCES                                     
          Musick                      4,080,251               Mar. 21, 1978           
          Takeuchi et al.             5,009,833               Apr. 23, 1991           
               (Takeuchi)                                                             
                                   THE REJECTIONS                                     
               The claims stand rejected as follows: claims 31-41 under               
          35 U.S.C. § 102(b) as anticipated by Takeuchi; claims 31-39 under           
          35 U.S.C. § 102(b) as anticipated by Musick; and claims 40 and 41           
          under 35 U.S.C. § 103 as obvious over Musick in view of Takeuchi.           
                                       OPINION                                        
               We reverse the aforementioned rejections and remand the                
          application to the examiner.  Regarding the rejections, we need             
          to address only the sole independent claim, i.e., claim 31.1                

               1The examiner does not rely upon Takeuchi for any disclosure that      
          remedies the deficiency in Musick as to claim 31.                           
                                          2                                           




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