Ex Parte Harrington et al - Page 3

               Appeal 2006-2722                                                                            
               Application 10/209,626                                                                      

                      Claim 1 stands finally rejected under 35 U.S.C. § 103(a) as being                    
               unpatentable over Marriott in view of Simon.                                                
                      Rather than reiterate the arguments of Appellants and the Examiner,                  
               reference is made to the Briefs1 and Answer for their respective details.                   
                      Only those arguments actually made by Appellants have been                           
               considered in this decision.  Arguments which Appellants could have made                    
               but chose not to make in the Briefs have not been considered (37 C.F.R.                     
               § 41.37(c)(1)(vii)).                                                                        

                                                  ISSUE                                                    
               Under 35 U.S.C § 103(a), has the Examiner established a prima facie                         
               case of obviousness based on the combination of Marriott and Simon?                         
               Specifically, does the combination of Marriott and Simon teach or suggest                   
               the determination of an inferred intent vector, by a matrix multiplication                  
               applied to a vector of value properties, for each variable document of a set of             
               variable documents as a function of a calculated set of value properties?                   

                                               FINDINGS OF FACT                                            
               Appellants have invented a system for fitness evaluation of an                              
               automatically generated set of variable data documents in which a creator’s                 
               desire is reflected in a set of relative weights applied to an intent vector.  For          
                                                                                                          
                      1 The Appeal Brief was filed October 14, 2005.  In response to the                   
               Examiner’s Answer mailed April 11, 2006, a Reply Brief was filed May 25,                    
               2006 which was acknowledged and entered by the Examiner as indicated in                     
               the communication mailed July 18, 2006.                                                     

                                                    3                                                      

Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: September 9, 2013