Ex parte SHOURESHI - Page 9




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


          348 (CCPA 1958).                                                            
               Notwithstanding the Examiner’s conclusion of art                       
          recognized equivalence, the evidence of record before us                    
          reveals fundamental distinctions between the back propagation               
          neural network of Bozich and Appellant’s claimed Hopfield                   
          neural network.  The back propagation neural network of Bozich              
          employs feedforward architecture (Bozich, column 11, line 57                
          through column 12, line 30) while the Hopfield neural network               
          described beginning at page 23 of Appellant’s specification                 
          utilizes feedback architecture in which the output of each                  
          neuron is fed back to itself as well as to other neurons in                 
          the network.  The only evidence to support any conclusion of                
          art recognized equivalence of these two types of neural                     
          networks is the Examiner’s own unsubstantiated statements in                
          the Answer.  We are not inclined to dispense with proof by                  
          evidence when the proposition at issue is not supported by a                
          teaching in a prior art reference, common knowledge or capable              
          of unquestionable demonstration.  Our reviewing court requires              
          this evidence in order to establish a prima facie case.  In re              
          Knapp-Monarch Co., 296 F.2d 230, 232, 132 USPQ 6, 8 (CCPA                   
          1961); In re Cofer, 354 F.2d 664, 668, 148 USPQ 268, 271-72                 
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