Ex parte BAYYA et al. - Page 6




          Appeal No. 1999-0437                                                        
          Application 08/627,249                                                      


          of distortion to an output-based speech analysis system                     
          [column 1, line 60 to column 2, line 20].  Thus, the examiner               
          has taken one feature from Hollier’s background (the output-                
          based system) and combined it with a feature from Hollier’s                 
          input-based speech analysis system (the plural measures of                  
          distortion).  Since the output-based system and the input-                  
          based system are not disclosed by Hollier to be simultaneously              
          useable, there is no disclosure of combining the plurality of               
          distortion measurements used in Hollier’s input-based                       
          invention with the output-based system of the prior art.   The              
          examiner has, therefore, combined two unrelated features of                 
          the Hollier disclosure to arrive at the claimed invention.                  
          Since Hollier does not disclose the combined features                       
          of  an output-based speech analysis system and the use of a                 
          plurality of distortions in a single embodiment, the                        
          disclosure of Hollier does not fully meet the invention of                  
          claims 1, 10 and 19 as required under 35 U.S.C. § 102.                      
          Therefore, we do not sustain the examiner’s rejection of                    
          claims 1, 10 and 19 as anticipated by Hollier.                              
          We now consider the various rejections made by the                          
          examiner under 35 U.S.C. § 103.  Appellants argue that these                
                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007