Appeal No. 2001-2573
Application No. 09/070,486
Shimura calculates both limits using log-transformed values. The
examiner has not identified anything in either reference which
would have led the artisan to use non-log-transformed values for
only the lower limit value while using log-transformed values for
only the upper limit value. The teachings of Shimura would have
led the artisan to modify Kobayashi by performing all calculations
on log-transformed values, rather than just the upper limit
calculations. The examiner has never addressed the thrust of
appellant’s position that there is no teaching or suggestion for
combining non-log-transformed data processing with log-transformed
data processing. The claims on appeal all require that log-
transformed data be combined with non-log-transformed data in a
specific manner which is not taught by the applied references and
which is not properly addressed by the examiner.
Since we have not sustained the examiner’s rejection of
independent claims 1, 9 and 14, we also do not sustain the
rejection of dependent claims 2-6, 8, 10 and 15-19. Although
claims 7, 11-13 and 20 were rejected using the additional teachings
of Hara, Hara does not overcome the deficiencies of the main
combination of references discussed above. Therefore, we also do
not sustain the rejection of any of claims 7, 11-13 and 20.
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