Appeal No. 2001-1487 Application No. 08/970,824 Appellants argue that claims 1-5 were rejected without consideration of the proper construction of the recited means-plus-function elements. (See brief at page 17.) We agree with appellants. Therefore, the examiner has not established a prima facie case of anticipation with respect to independent claims 1 and 5, and we cannot sustain the rejection of claims 1-5. With respect to independent claims 6 and 12, the examiner maintains that Chen teaches the claimed invention and use of a bilinear model. (See answer at page 6 and Chen at column 2.) Appellants argue that Chen teaches the addition of noise to speech which would be a linear model rather than a bilinear model. Appellants’ specification at page 5 states that “data is modeled as a product of two linear forms corresponding to parameters of each factor. The data may or may not result from physical processes having a bilinear form that is used to model the data” and at page 7 of the specification states that “[b]ilinear models represent data which can be decomposed into two or more factors.” At page 24 of the brief, appellants argue that a “bilinear model requires multiplication, whereas addition results in a linear model, as is well known in the art.” We agree with appellants that the language of claims 6 and 12 requires a bilinear model whereas Chen expressly teaches the use of a linear model. Appellants argue that the inventive technique of Chen uses a linear model and not a bilinear model and determines only noise which is not a data factor. (See brief at page 25.) We agree with appellants. The examiner again maintains that “appellants 5Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007