Appeal No. 1998-2709
Application No. 08/451,796
improved random number because a first random number is
modulated by a second random number [column 4, lines 28-40].
Thus, the key teaching in Albers is that the two random number
generators must produce different outputs.
Albers also teaches that the random number generators can
be constructed in various other ways to perform the intended
function [column 5, lines 21-24]. Thus, the particular type
of random number generator is not critical in Albers. The
artisan would have appreciated from the teachings of Albers
that the two random number generators could be of different
types as long as they produced the requisite different
outputs. Therefore, we
find that the broad recitation of first and second types of
random number generators as set forth in claim 5 would have
been obvious within the meaning of 35 U.S.C. § 103 in view of
the teachings of Albers.
In summary, we have sustained the examiner’s rejection of
claims 5-14 and 19-27 which stand or fall together as a single
group. Accordingly, the decision of the examiner rejecting
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