Appeal No. 1999-2784
Application No. 08/608,440
references which would suggest this limitation as the
references are not looking for these emotional states.
The instant claims are directed to eliciting and
determining certain emotional responses and are concerned with
how these responses are to be used. The examiner has pointed
to nothing in the references as to how certain responses
determined by brain activity therein are to be used.
Claim 19 also requires the determination of an emotional
response of a subject to stimuli in the form of a presentation
having at least a time-varying visual content and positioning
the subject to observe the presentation. Rather than having
the subject quiet or in a sleeping mode, the instant invention
requires the subject to actually view some predefined
material, such as a television commercial. The examiner has
not pointed out what, in the applied references, is being
relied on for the teaching of a subject observing this
presentation of time-varying visual content. Additionally,
claim 19 includes the limitation of recording change rates in
intensity components periodically during the presentation and
using the intensity change rate data to construct a graph for
establishing a composite emotional state of the subject to the
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