Ex parte AIKAWA et al. - Page 7




            Appeal No. 1998-2378                                                                         
            Application No. 08/390,862                                                                   




            when the match surface points are sampled in Robb..., the points are no longer in            
            sequence” [reply brief-page 5].                                                              
                  Robb does not provide for forming “at least one common portion between the two         
            point sets superposed on each other” and “maximizing the common portion length               
            calculated by said common portion length calculated by said common portion length            
            calculation section while minimizing the cumulative distance information.”  The best that    
            can be said for the Robb disclosure is that it samples points on one surface and minimizes   
            the total distance between those points and another surface.                                 
                  We also do not find the disclosure of Eisenberg to be of any help in providing for the 
            deficiencies of Robb.  Eisenberg matches protein sequences but does not provide for the      
            specifically claimed paired points calculation and accumulation of distances between the     
            paired points, nor does Eisenberg extract a common portion “based on maximizing the          
            common portion length calculated by said common portion length calculation section while     
            minimizing the cumulative distance information calculated by said cumulative distance        
            calculation section,” as claimed.                                                            
                  Huang also does not provide for the deficiencies noted above with regard to            
            independent claim 1.                                                                         




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