Appeal No. 96-1339
Application 08/089,433
First, the examiner states (FR3):
It is noted that [Norden-]Paul does not explicitly
teach the graph generating means as claimed. However,
[Norden-]Paul's time-series data suggests any well known
type of representing these data can be used such as
representing in the graph form as claimed. Furthermore,
Saito teaches that the graph representation of
time-series data such as [Norden-]Paul's is [sic, was]
widely used in the art (Saito, figure 2). Thus, it would
have been obvious to a person of ordinary skill in the
art at the time the invention was made, in view of the
teaching of Saito, to configure [Norden-]Paul's system as
claimed by representing [Norden-]Paul's time series data
in graph form.
Whether it would have been obvious to graph time-series order
numerical-value data is not the issue. There is no doubt that
graphing time-series order numerical-value data was
notoriously well known to mathematicians, scientists, and
engineers for centuries. The issue is whether it would have
been obvious to display time-series order numerical-value data
and a time-series order graph of that data simultaneously on a
single screen. The examiner's reasoning does not address that
particular issue and, therefore, is not persuasive.
Second, the examiner states that "Saito's graphs in
figure 2 contain both graph and [a] 'loosely defined' list of
the time-series data in the list by just having the data along
two axis [sic, axes]" (EA3). That someone may be able to
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