Ex parte BAKER et al. - Page 10




          Appeal No. 95-1682                                                          
          Application 07/853,459                                                      



          comparable than the tokens of the data.  Maizel shows tokens                
          but does not show the process of modifying the original data                
          to produce the tokens or aggregating the bases into other                   
          tokens. Therefore, we will not sustain the Examiner’s rejec-                
          tion of  claims 6 and 9.                                                    
                    Claims 18 through 20 stand rejected under 35 U.S.C.               
          § 103 as being unpatentable over Pustell, Maizel, Aho and                   
          Salton.  Appellants argue on page 9 of the reply brief that                 
          Pustell, Maizel, Aho and Salton fail to teach or suggest that               
          the tokens of claim 8 are "values of an attribute of records                
          in a sequence thereof" as recited in claim 18, that the tokens              
          of claim 8 are "words in a text" as recited in claim 19 and                 
          that the tokens of claim 20 are "lines in a text."                          
                    After a careful review of Pustell, Maizel, Aho and                
          Salton, we fail to find that these references teach modifying               
          the Pustell homology matrix program for scoring sequences of                
          DNA bases to provide tokens that are values of an attribute of              
          records in a sequence or words of a text.  However, we do find              
          as we have pointed out for claim 4, Pustell and Maizel teach                



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