Ex parte QIN - Page 26




                 Appeal No. 1997-1111                                                                                    Page 26                        
                 Application No. 08/105,899                                                                                                             


                 unpatentable over Mega is reversed.  The decision of the                                                                               
                 examiner to reject claims 2-5, 8, and 15-17 under 35 U.S.C. §                                                                          
                 103 as unpatentable over Mega in view of Hägglund is reversed.                                                                         
                 The decision of the examiner to reject claim 7 under 35 U.S.C.                                                                         
                 § 103 as unpatentable over Mega in view of Kraus is reversed.                                                                          
                 The decision of the examiner to reject claim 11 under 35                                                                               
                 U.S.C. § 103 as unpatentable over Mega in view of Ying is                                                                              
                 reversed.  The decision of the examiner to reject claims 1, 9,                                                                         
                 10, and 14 under 35 U.S.C. § 102(e) as unpatentable over Ueda                                                                          
                 is affirmed.  The decision of the examiner to reject claims 2-                                                                         
                 5, and 15-17 under 35 U.S.C. § 103 as unpatentable over Ueda                                                                           
                 in view of Hägglund is reversed.  The decision of the examiner                                                                         
                 to reject claim 7 under 35 U.S.C. § 103 as unpatentable over                                                                           
                 Ueda in view of Kraus is affirmed.  The decision of the                                                                                
                 examiner to reject claim 8 under 35 U.S.C. § 103 as                                                                                    


                          4(...continued)                                                                                                               
                 rejections over Mega (alone or in view of additional prior art) included                                                               
                 parallel rejections over Ueda (alone or in view of additional prior art).  The                                                         
                 examiner may wish to consider a rejection of claims 6 and 18 under 35 U.S.C. §                                                         
                 103 as unpatentable over Ueda in view of the admitted prior art found on page                                                          
                 8 of the specification.  The examiner may consider Ueda’s teaching that other                                                          
                 methods for determining system identification may be used in a similar manner                                                          
                 (col. 7, lines 11-16), and the teaching of the admitted prior art                                                                      
                 (specification, page 8) that “[t]he model matching tuning method is known to                                                           
                 those of skill in this technology.”                                                                                                    







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