Ex parte BRYANT et al. - Page 6




          Appeal No. 96-3895                                                          
          Application 08/288,103                                                      

          produce a corresponding waveform 304.  See also Figure 3 which              
          illustrates waveform 304 as the result of median filtering a                
          single raw measurement waveform 302.  Our reading indicates that            
          there would be five different median filtered waveforms 304.                
               As for the subtracting operation, the examiner simply                  
          concludes that it would have been obvious to one with ordinary              
          skill in the art to perform a subtraction of a given value from a           
          measured value.  In that regard, the examiner stated (answer at             
          6, lines 3-8):                                                              
               The motivation being that Marko et al. teach the                       
               filtering of a measurement a plurality of times (col.                  
               6, lines 31-34), and repeated filtering (ie. filtering                 
               a measurement after it has already be filtered) is a                   
               functional equivalent of just subtracting a value since                
               both lead to the same end result (ie. reducing                         
               systematic variation).                                                 
               We disagree with the above-quoted position of the examiner.            
          The claims do not simply recite subtracting any arbitrary value.            
          The value subtracted must be predetermined and representative of            
          systematic activity at a particular angular position of the                 
          crankshaft.  Repetitive filtering of the same measured signal               
          waveform, such as by subsampling or median filtering, is not the            
          same as subtracting a value which is representative of systematic           
          activity at corresponding angular positions, even if systematic             
          variation would be reduced.  Nothing in Marko reasonably suggests           


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