Ex Parte SCHLANG et al - Page 4




            Appeal No. 1999-1856                                                                              
            Application No. 08/686,792                                                                        


                                                  OPINION                                                     
            In reaching our decision in this appeal, we have given careful consideration to the               
            appellants’ specification and claims, to the applied prior art references, and to the             
            respective positions articulated by the appellants and the examiner.  As a consequence            
            of our review, we make the determinations which follow.                                           
            With respect to appellants’ grouping of claims set forth in the brief at pages 4-5, we            
            note that appellants merely argue the limitations of independent claims 15 and 16 and             
            rely upon these arguments for patentability of the dependent claims at pages 11-14 of             
            the brief.  Therefore, we will address only independent claims 15 and 16 with respect to          
            Samad and Broese since appellants do not specifically address the other references.               
            With respect to the combination of Samad and Broese, appellants argue that neither                
            reference nor the combination of teachings concerns the use of different training sets of         
            data for the control network and the background network.  (See brief at page 7.)  We do           
            not find this argument persuasive since independent claim 15 does not recite “different”          
            data.  Claim 15 merely sets forth “training the control network using current process             
            data to generate a current process model” and “training the background network using              
            representative process data to generate an averaged process model of the industrial               
            process over a predetermined time period.”  There is no express limitation that the               
            current process data cannot also be representative process data or from the same                  
            sampling period.  Therefore, the data sets may be the same data or different data from            

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