Ex parte JARAMILLO et al. - Page 7




          Appeal No. 1999-1581                                                        
          Application No. 08/651,369                                                  


               Turning to the obviousness rejection of claims 1 through               
          3, 5 through 7, 9 through 11 and 13 through 15, the examiner                
          indicates that Ranta teaches updating word probabilities with               
          each speech attempt in a speech recognition system (answer,                 
          page 6).  The examiner acknowledges (answer, page 6) that                   
          Ranta does not teach “classification according to the highest-              
          ranking best word for all speech attempts by the user,” and                 
          “computation of non-word probabilities.”  According to the                  
          examiner (answer, page 6), appellants’ disclosed and claimed                
          approach is “an arbitrary design choice,” and that it would                 
          have been obvious to the skilled artisan to detect words “not               
          in the controlled vocabulary or of background acoustic noise.”              
               Inasmuch as Ranta was aware of “noise” in speech                       
          recognition systems (column 1, lines 39 through 50; and column              
          2, lines 52 through 60), but chose not to use it in any way to              
          assist in the speech recognition process, we refuse to accept               
          the examiner’s notion that the appellants’ use of such noise                
          to generate non-word scores is a matter of “arbitrary design                
          choice.”  Stated differently, the examiner’s contention                     
          (answer, page 6) that Ranta’s speech recognition system and                 


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