Ex Parte TENNENBAUM et al - Page 5




                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                                            

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