Ex parte RHEE - Page 26




          Appeal No. 1998-1386                                      Page 26           
          Application No. 08/269,156                                                  


          (Substitute Reply Br. at 6.)  The examiner replies, “in col.                
          7, lines 20-21, Hullender teaches comparing two character                   
          hypotheses by probability in reverse order ....”                            
          (Supplemental Examiner’s Answer at 3.)                                      


               As mentioned regarding the anticipation by Fujisaki and                
          the obviousness over Fujisaki in view of Guyon, claims 1, 6,                
          and 9 each recite reverse-searching paths that comprise                     
          character hypotheses corresponding to received data.  The                   
          examiner fails to show an unambiguous teaching of the claimed               
          limitations.  The passage of Hullender relied on by is a                    
          comment in a program listing that merely states, “/* Routine                
          to compare two hypotheses by probability for qsort in reverse               
          order (most probable first)[.] */”  Col. 7, ll. 20-21.  The                 
          passage is ambiguous at best.  The passage possibly could be                
          interpreted as teaching reverse-searching paths that comprise               
          character hypotheses corresponding to received data.  It also               
          could be interpreted, however, as teaching sorting hypotheses               
          probabilities, i.e., most probable first.                                   










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