Ex Parte Gutta et al - Page 2

                Appeal 2007-1246                                                                                   
                Application 10/014,180                                                                             

                symbolic feature.  Claim 1 is illustrative of the claimed invention, and it                        
                reads as follows:                                                                                  
                       1. A method for use in a recommender for evaluating the                                     
                closeness of two items, each of said items characterized by at least one                           
                symbolic feature, said method comprising the steps of:                                             
                       computing a distance between corresponding symbolic feature values                          
                of said two items based on an overall similarity of classification of all                          
                instances for each possible value of said symbolic feature values; and                             
                       aggregating the distances between each of said symbolic feature                             
                values to determine the closeness of said two items.                                               
                       The prior art reference of record relied upon by the Examiner in                            
                rejecting the appealed claims is:                                                                  
                Bieganski US 6,334,127 B1 Dec. 25, 2001                                                            
                       Claims 1 through 23 stand rejected under 35 U.S.C. § 102(e) as being                        
                anticipated by Bieganski.                                                                          
                       We refer to the Examiner's Answer (mailed September 5, 2006) and to                         
                Appellants' Brief (filed February 14, 2005) and Reply Brief (filed November                        
                6, 2006) for the respective arguments.                                                             

                                          SUMMARY OF DECISION                                                      
                       As a consequence of our review, we will reverse the anticipation                            
                rejection of claims 1 through 23.  We also enter a new ground of rejection of                      
                claims 1 through 23 as being nonstatutory under 35 U.S.C. § 101.                                   





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