Ex parte SHOURESHI - Page 8

          Appeal No.  1997-1573                                                       
          Application No.  08/276,551                                                 

                    purpose [sic, of] using a self learning control                   
                    system for abating vibrations and noise for                       
                    increased comfort in the cabin of a vehicle.                      
               In response, Appellant’s arguments (Brief, page 3) are                 
          primarily directed to the contention that the Examiner has                  
          failed to establish a prima facie case of obviousness since no              
          support for the Examiner’s assertion of functional equivalence              
          has been provided.  After careful review of the prior art in                
          light of the arguments of record, we agree with Appellant that              
          the Examiner has not established support for a conclusion of                
          art recognized functional equivalence.  The mere fact that the              
          claimed Hopfield neural network and Bozich’s neural network                 
          are used for the same purpose as asserted by the Examiner                   
          (Answer, page 6, “. . . are both directed to the art of self                
          learning control systems for abating noise and vibration, . .               
          .”) does not establish art recognized functional equivalence.               
          In order to rely on equivalence as a rationale for supporting               
          an obviousness rejection, the equivalency must be recognized                
          in the prior art, and cannot be based on applicant’s                        
          disclosure or the mere fact that the components at issue are                
          functional or mechanical equivalents.  In re Ruff, 256 F.2d                 
          590, 599, 118 USPQ 340,                                                     

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