Ex Parte Sutton - Page 2


                Appeal No. 2006-2461                                                                         
                Application No. 09/991,020                                                                   


                then applied to the test results.  As a result, different specifications can be              
                applied to results of a test without having to execute the test again.                       

                      Representative claim 1 is reproduced as follows:                                       
                      1.  A product that provides a test executive program for controlling a test            
                on a device, said product comprising:                                                        
                                                                                                            
                      instructions for directing a processing unit to:                                       
                            receive a selected one of a plurality of previously created                      
                            alternative specifications for assessing a datapoint generated by a              
                            test, wherein each of the plurality of alternative specifications is a           
                            different specification for assessing the datapoint, and                         
                            apply said selected specification to said datapoint generated by                 
                            said test; and                                                                   
                      a media readable by said processing unit that stores said instructions.                

                      The examiner relies on the following references:                                       
                Akasheh                   6,134,674                 Oct. 17, 2000                            
                The admitted prior art on Page 1 of the specification.                                       

                      The following rejections are on appeal before us:                                      
                      1.  Claims 1-19 and 21-24 stand rejected under 35 U.S.C. § 102(e) as                   
                being anticipated over Akasheh.                                                              
                      2.  Claim 20 stands rejected under 35 U.S.C. § 103(a) as being                         
                unpatentable over Akasheh in view of appellant’s admitted prior art.                         






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