Ex Parte PAULSEN et al - Page 9




             Appeal No. 2000-0810                                                                                     
             Application 08/699,412                                                                                   

             tables one for each candidate language; and it does not disclose using the highest                       
             value of a raw count to determine the language or genre of a language.                                   
                    Claim 15 is not much different from claims 1, 8 and 16, except that the “raw                      
             count” feature of claims 1, 8 and 16 is replaced by a “weighted count.”  Our discussion                  
             above with respect to claims 1, 8 and 16, except for that concerning using the raw                       
             count, also applies to claim 15.                                                                         
                    Claim 15 additionally recites:                                                                    
                    the words in each word table are selected based on                                                
                    frequency of occurrence in a candidate language so that each word table                           
                    covers an equivalent percentage of the associated candidate language.                             
             The examiner concludes, without citation to corresponding teachings in the prior art,                    
             that it would have been obvious to one with ordinary skill to select words with respect to               
             each candidate language and maintain an equal percentage of candidate words in each                      
             table.  The examiner states that the motivation is to not favor one candidate language                   
             over another.  However, the prior art cited by the examiner does not support the                         
             conclusion.  On this record, as is argued by the appellants, the motivation of not                       
             favoring one language over another by including the same percentage of words in each                     
             word table stems only from the appellants’ own disclosure.  Kucera does not even                         
             disclose the use of multiple tables one for each candidate language, let alone suggest                   
             to keep the same percentage of frequently used words in each table.  The same is true                    
             with respect to the Ejiri.  The appellants correctly state that the mere fact that a                     

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