Ex Parte Russell et al - Page 3



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

                               Rejection over Takeuchi                                
               Takeuchi uses an expert system rule base to perform                    
          surveillance, diagnosis and prognosis of a nuclear power plant,             
          thereby determining the probabilities of the existence of                   
          abnormal circumstances and predicting their effects (col. 1,                
          lines 10-12).                                                               
               The examiner defines “optimization” as “an act, process or             
          methodology of making something (as a design, system, decision)             
          as fully perfect, functional or effective as possible” (answer,             
          page 3).  The examiner argues that Takeuchi’s “expert                       
          system/operator combination performs “optimization”, by                     
          maintaining the plant within specified safety limits and avoiding           
          costly accidents and recovery operations” (answer, page 7).                 
          Maintaining the plant within specified safety limits and avoiding           
          costly accidents and recovery operations does not optimize the              
          plant, i.e., make it as fully perfect, functional or effective as           
          possible and, therefore, is not an optimization.                            
               Because the examiner has not shown that Takeuchi performs an           
          optimization process, the examiner has not established a prima              
          facie case of anticipation over that reference.                             



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