Appeal No. 1996-2986
Application 08/348,625
pages 17 and 18 of the Answer. In our opinion, the use of a
more detailed approximation technique (such as “splines”) on
the phase plot of Rietsch would perhaps lead to a segmented
approximation of such plot but would not lead in and of itself
to a development of a derivative trace as claimed.
Since, for all of the reasons discussed above, we are of
the view that the Examiner has not established a prima facie
of obviousness based on Rietsch. Accordingly, we do not
sustain this 35 U.S.C. § 103 rejection of independent claims
1, 6, and 25, nor of claims 2-5, 7-11, 21-24 and 26-29
dependent thereon.
The Examiner has made a separate obviousness rejection of
claims 1-11 and 21-29 based on Potter and “known practices in
the art.” It is our view that this rejection suffers from the
same deficiencies as the one based on Rietsch as discussed
previously. Potter is directed to the measurement of a system
transfer function waveform, the fitting of an equation to this
measured waveform to determine an estimated transfer function,
and the subsequent development of an indication of the poles
and zeros of the system. As Appellant points out at pages 13-
11
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