Ex parte WARDLE - Page 3




                     Appeal No. 1996-2986                                                                                                                                              
                     Application 08/348,625                                                                                                                                            


                                Claims 1, 2, 5, 25, 26, and 29 stand finally rejected                                                                                                  
                     under 35 U.S.C. § 101 as being directed to non-statutory                                                                                                          
                     subject matter.  Claims 1-11 and 21-29 stand finally rejected                                                                                                     
                     under 35                                                                                                                                                          





                     U.S.C. § 103 as being unpatentable over either one of Rietsch                                                                                                     
                     or Potter in view of “well known practices in the art.”2                                                                                                          
                                Rather than reiterate the arguments of Appellant and the                                                                                               
                     Examiner, reference is made to the Brief and Answer for the                                                                                                       
                     respective details thereof.                                                                                                                                       
                                                                                    OPINION                                                                                            
                                We have carefully considered the subject matter on                                                                                                     
                     appeal, the rejections advanced by the Examiner and the                                                                                                           
                     reasons  relied upon by the Examiner as support for the                                                                                                           
                     rejections.  We have, likewise, reviewed and taken into                                                                                                           

                                2 The Examiner’s statement of the grounds of rejection                                                                                                 
                     refers to the application of the teachings of Rietsch and                                                                                                         
                     Potter to measurements of transfer functions in accordance                                                                                                        
                     with “well-known practices.”  Particular mention is made to a                                                                                                     
                     previously known interpolation technique known as “the splines                                                                                                    
                     interpolation.”                                                                                                                                                   
                                                                                          3                                                                                            





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