Ex parte CAREY et al. - Page 5




          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                
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