Ex parte CAREY et al. - Page 6




          Appeal No. 1997-0200                                                         
          Application No. 08/202,860                                                   


          weighting the characteristics exhibited by detected errors.                  
          In the Examiner’s line of reasoning (Answer, page 6), the                    
          skilled artisan would have found it obvious to utilize such a                
          statistical ranking feature in Lyke in order to reduce reentry               
          time by presenting suspect items to an operator in the order                 
          of their likelihood as the error source.                                     
               We note that, aside from a broad general assertion at                   
          page 20 of the Brief that lacks factual support, Appellants                  
          have not attacked the combinability of Lyke and Elischer.                    
          Rather, Appellants’ detailed arguments in response (Brief,                   
          pages 12-14) center on the alleged deficiency of Elischer in                 
          disclosing the associating of weights with a plurality of                    
          characteristics with the plurality of characteristics being of               
          different types.  We refer to the language of claim 28, the                  
          relevant portion of which recites:                                           
                         associating a different one of a plurality                    
                         of weights with each of a plurality of                        
                         different characteristics, wherein each of                    
                         said plurality of different characteristics                   
                         indicates a different type of error...                        
          In addressing this limitation, the Examiner (Answer, page 5)                 
          points to the description at column 5 of the transaction                     
          balancing system of Elischer which describes the examination                 
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