Ex parte PATTON - Page 3




          Appeal No. 1999-2784                                                        
          Application No. 08/608,440                                                  


          plurality of substantially exact but different frequencies,                 
          each of said frequencies being associated with a predetermined              
          base emotion, permitting said at least one subject to view                  
          said presentation and recording the absolute values of said                 
          brain wave intensity characteristic at a plurality of                       
          intervals during said duration when said subject is viewing                 
          said presentation, thereby subdividing said duration into a                 
          plurality of individual time segments, thereafter determining               
          the intensity characteristic changes and intensity                          
          characteristic change rates of said plurality of brain wave                 
          frequencies, using the changes of said intensity                            
          characteristic of each point relative to a preceding point to               
          establish marginal values for each of said time segments,                   
          creating at least one two-axis graph, said graph having axes                
          corresponding to two of said base emotions and including a                  
          plurality of coordinate points each representing a pair of the              
          marginal values taken from a selected emotion scale,                        
          thereafter graphically determining the composite emotional                  
          state of the test subject at each segment of the presentation,              
          and comparing the achieved emotional response of the test                   
          subject to the response intended to be achieved to determine                
          whether changes in the content of the presentation are                      
          indicated so as to increase the likelihood that the audience                
          intended to view the presentation will display the intended                 
          emotional response.                                                         

               The examiner relies on the following references:                       
          Raviv et al. (Raviv)        4,744,029       May  10, 1988                   
               Trivedi et al. (Trivedi)    4,862,359       Aug. 29, 1989              
               Duffy                      Re. 34,015       Aug. 04, 1992              

               Claims 1-22 stand rejected under 35 U.S.C. 103 as                      
          unpatentable over either one of Trivedi, Duffy or Raviv.                    
               Reference is made to the briefs and answer for the                     
          respective positions of appellant and the examiner.                         
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