Appeal No. 1999-2784
Application No. 08/608,440
states measured by the prior art references may be considered
to be “emotional responses,” the examiner apparently ignores
other claim limitations setting forth a specific method by
which the emotional responses are measured and employed for
purposes of tying these emotional responses to the field of an
advertising presentation. Using these emotional responses in
an advertising presentation for the specific purpose of
determining the effectiveness of the advertisements in
eliciting intended responses from subjects is an important
part of independent claims 1, 15, 21 and 22 and the examiner
does not appear to give these limitations much weight.
Clearly, the prior art devices cited by the examiner
measure brain waves but they are concerned with medical
evaluations and brain wave responses to such stimuli as
flashing lights, for example. The examiner has pointed to
nothing in the cited references which reasonably could be
considered an “emotional response.” For example, at least
instant independent claims 15, 20 and 22 recite the
determination of “pleasure and arousal” emotions with the
establishment of a two-axis “pleasure v. arousal graph” in
claim 15. The examiner has pointed to nothing in the cited
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