Ex parte SMITH - Page 5



          Appeal No. 1998-2472                                                        
          Application No. 08/614,324                                                  


          structure defining data path adaptive weights.  The examiner                
          turns to Sheppard for a suggestion to use such a neural                     
          network in Meyer's detection of defects.  Specifically, the                 
          examiner asserts (Answer, page 4) that "Sheppard et al.                     
          teaches neural network means 100 (Figure 12) for diagnosing a               
          system defect based on a number of test samples, ... so that                
          the type of defect of a system can be identified with a great               
          degree of certainty (col. 3)."                                              
               Appellant, in the Brief, does not contest the examiner's               
          analysis of Meyer.  Therefore, we will focus our attention on               
          the combinability of Sheppard's neural network with Meyer's                 
          method.  Appellant argues (Brief, page 15) that neither Meyer               
          nor Sheppard suggests the last two steps of claim 4, which                  
          involve a neural network.  Further, appellant states (Brief,                
          page 16) that "[t]here is no suggestion found in the cited                  
          Meyer et al.                                                                
          reference or the Sheppard et al. reference, other than the                  
          teachings of applicant's own application, to justify the                    
          modifications of the Meyer et al. reference as proposed by the              
          Examiner."                                                                  
               Sheppard's diagnostic tester "has broad application in                 
          determining the nature or condition of a variety of systems,                
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