Ex parte WEGMANN et al. - Page 5




              Appeal No. 1999-2294                                                                                        
              Application No. 08/807,430                                                                                  


              But, the examiner has not applied art to this concept, and we are under no obligation to                    
              perform a comprehensive search of the prior art.  Furthermore, with respect to claim 12,                    
              we note that the Scott article (not applied) discusses the use of a two-pass analysis of                    
              image data, not speech data, using both parametric and nonparametric models and the                         
              benefits thereof in crop recognition.  With respect to claim 1, Higgins teaches speaker                     
              recognition using stored utterances of individual human speakers.  We note that claim 1                     
              does not even require speech recognition, but only assessing a degree of resemblance to                     
              observations which may not require content recognition.                                                     
                     With this said, we agree with appellants that the prior art taught in Journal does not               
                                                                                        2                                 
              teach the inventions as recited in independent claims 1, 12, 19 and 21 .  Nor does the                      
              combination with Scott remedy the deficiency in Journal alone.  Appellants argue that the                   
              invention is directed to using nonparametric speech models (individual/single utterances                    
              by a single speaker) in speech recognition.  (See brief at page 2.)  Appellants argue that                  
              Journal does not teach or suggest assessing a degree to which a speech sample                               
              resembles a group of training observations (which are single utterances by a single                         
              speaker) by evaluating the speech sample relative to particular training observations in the                
              group of training observations.  (See answer at page 5.)  We agree with appellants.                         


                     2We note that the examiner applies the combination of Journal and Scott to claim 21 with respect     
              to nonparametric models, but does not apply the same combination to claim 19 which contains similar         
              limitations.                                                                                                
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