Appeal No. 94-3823
Application 07/812,249
the amount of required experimentation is undue. In re Vaeck,
947 F.2d 488, 495, 20 USPQ2d 1438, 1444 (Fed. Cir. 1991).
To support the enablement rejection, the examiner refers
to two flowchart steps, recited in figures 2 and 3, that read
"CALCULATE PROBABILITIES OF TARGETS BASED ON GEOMETRIC OCR"
and "CALCULATE PROBABILITY OF H1 BASED ON COLOR CODED OCR."
However, Highleyman, which is also directed to a character
recognition system, teaches, inter alia, "[p]robability
information . . . is generally obtained from an analysis of a
large sample of representative characters." Col. 1, lines 34-36.
Thus, it was known in the art that probabilities for a viewed
character, i.e., attempting to figure out what the character is,
could be determined on the basis of knowing what all the
possible, or large sample of, representative characters look
like. That is, starting with all the possible characters,
any image that is later viewed could be analyzed by determining
the likelihood or probability that it is one of the possible
characters.
The examiner has the initial burden to set forth a
reasonable basis to justify questioning the sufficiency of
disclosure for enabling one with ordinary skill in the art to
make and use the claimed invention without undue experimentation.
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