Appeal No. 1999-2784
Application No. 08/608,440
While the instant claims are very specific as to
determining emotional responses to an advertising presentation
and that, inter alia, emotional responses are represented by
particular frequencies and intensities of subjects’ brain
activity and that intensity characteristic changes and change
rates of the brain wave frequencies are used to establish
marginal values for each of a plurality of time segments; that
a graph is created with axes corresponding to particular base
emotions; that composite emotional states of the subject at
each segment of a presentation is graphically determined and a
comparison is made between the achieved emotional response and
the intended response wherein changes as to the content of the
presentation are indicative of the likelihood that an intended
audience will display the intended emotional response; the
examiner never comes to grips with these claimed elements by
coordinating the claimed elements with specific portions of
the references’ disclosures. Accordingly, it is difficult to
determine just what the examiner regards as equivalent to
these claimed features in the prior art.
For all the examiner’s argument regarding how “emotional
responses” is nothing more than semantics because the mental
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