Appeal No. 1997-0200 Application No. 08/202,860 1443, 1444 (Fed. Cir. 1992); In re Hedges, 783 F.2d 1038, 1039, 228 USPQ 685, 686 (Fed. Cir. 1986); In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976). Only those arguments actually made by Appellants have been considered in this decision. Arguments which Appellants could have made but chose not to make in the Brief have not been considered [see 37 CFR § 1.192(a)]. With respect to independent claim 28, the Examiner proposes to modify the check image processing system of Lyke which discloses an out-of-balance transaction feature which detects and highlights to an operator suspect items having a probable likelihood of being the cause of an out-of-balance error. As recognized by the Examiner, Lyke discloses that different characteristics are associated with different types of errors, but lacks a teaching of statistically quantifying or weighting the characteristics so as to indicate the relative likelihood that a particular type of error is the source of the out-of-balance event. To address this deficiency, the Examiner turns to the transaction balancing system of Elischer for a teaching of ranking suspect items by 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007