Ex parte ISO - Page 8




          Appeal No. 1997-3914                                                        
          Application No. 08/384,457                                                  

               As pointed out by our reviewing court, we must first                   
          determine the scope of the claim.  "[T]he name of the game is               
          the claim."  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d              
          1523,1529 (Fed. Cir. 1998).  In view of our discussion supra,               
          Gillick reads of Appellant’s claim language, therefore, we                  
          will sustain the Examiner’s rejection of claim 9, and likewise              
          claims 10 through 14 which stand or fall in the same group.                 
               Appellant argues with respect to claim 15 that Gillick                 
          does not meet the claim requirement of the correlation                      
          parameter being a correlation coefficient between a                         
          probability distribution (µ ) in an acoustic model of one                   
                                     i                                                
          phoneme and another probability distribution (µ ) in an                     
                                                         j                            
          acoustic model of another phoneme.  (Brief-page 8.)                         
               The Examiner responds regarding claim 15, “The use of                  
          ‘probability distribution’ in acoustic models is shown in                   
          figure 11 of Gillick.  See also figures 2B, 3A and 6.”                      
          (Answer-page 4.)  Also, the Examiner points to figure 2A and                
          notes the that values of MU (µ) are illustrated in figure 3A.               
          (Answer-page 6.)                                                            




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