Ex Parte Berstis - Page 4



          Appeal No. 2006-2363                                                       
          Application No. 10/015,880                                                 

          indefiniteness due to lack of antecedent basis.  In fact, as               
          argued by Appellant (id.), the scope of the claims can be                  
          ascertained by the ordinarily skilled artisan as the claimed               
          Asaid first predetermined schema@ clearly refers to the one and            
          only Afirst@ schema in claim 1.  Therefore the rejection of                
          claims 2-4, 6-8, 12, 13, 19 and 20 under the second paragraph of           
          35 U.S.C. ' 112 is not sustained.                                          
               Turning now to the 35 U.S.C. ' 103 rejection of the claims,           
          the Examiner relies on Resnikoff for disclosing the claimed                
          features except for a predictable deterministic schema as the              
          non-uniform distribution (answer, pages 5-6).  The Examiner                
          further relies on Balph for using linear feedback shift registers          
          for generating pseudorandom numbers (answer, page 6).  As the              
          reason for combining the references, the Examiner identifies               
          reduction of the amount of logic by using a non-uniform                    
          predictable deterministic distribution schema for sensor                   
          placement (id.).                                                           
               Appellant argues that one skilled in the art would not be             
          motivated to combine the deterministic non-linear counter of               
          Balph with the probabilistic Poisson disc process of Resnikoff             
          since the references relate to different processes based on                

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