Ex parte CHENG et al. - Page 9




          Appeal No. 2000-0866                                       Page 9           
          Application No. 08/852,829                                                  


          Puskorius '750 does teach (column 5, lines 52-55) that trained              
          networks can be embedded into dedicated neural network                      
          hardware chips, the combined teachings of the applied prior                 
          art do not teach or suggest the claimed steps of calibrating a              
          simulator for simulating operation of the vehicle component                 
          using the test data, generating at least one map which                      
          characterizes performance of the vehicle component as a                     
          function of predetermined parameters, the map being based on                
          output of the simulator for a second set of operating                       
          conditions, and embedding the trained neural network into the               
          controller.                                                                 


               In our view, the only suggestion for modifying Puskorius               
          '700 in the manner proposed by the examiner to meet the above-              
          noted limitations stems from hindsight knowledge derived from               
          the appellants' own disclosure.  The use of such hindsight                  
          knowledge to support an obviousness rejection under 35 U.S.C.               
          § 103 is, of course, impermissible.  See, for example, W. L.                
          Gore and Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1553,               
          220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S.               
          851 (1984).                                                                 







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