Ex Parte BREED et al - Page 10




          Appeal No. 2001-1186                                                        
          Application No. 08/819,609                                                  


          claim 16 are disclosed with the exception of the specific                   
          disclosure of the use of neural network principles in the                   
          algorithm development.  In making this determination, it is our             
          opinion that the disclosure at column 6, lines 55-65 of G. I.               
          Cohn, which describes the algorithm development based on                    
          measurement values of pitch and roll taken at values from maximum           
          positive to maximum negative, clearly suggests measurements taken           
          over the claimed driving conditions from rest (i.e., zero pitch             
          and roll) to various motion driving states.                                 
               We further find no persuasive arguments from Appellants that           
          would convince us of any error in the Examiner’s line of                    
          reasoning (Answer, page 6) that the skilled artisan would                   
          recognize and appreciate that the neural network technique                  
          disclosed by Breed has obvious application to the development of            
          the “training” functional relationship described by G. I. Cohn.             
          In particular, we find to be without merit Appellants’ contention           
          (Brief, page 16) that Breed does not disclose an algorithm based            
          on measurements related to different  fill states of fuel in a              
          tank under different conditions.  The Breed reference was used by           
          the Examiner in combination with other prior art to establish the           
          basis for the obviousness rejection.  As previously discussed,              
          the measurement features asserted by Appellants to be lacking in            

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