Appeal No. 2001-2696
Application No. 08/950,230
Lastly, we also do not sustain the Examiner’s 35 U.S.C.
§ 102(a) rejection based on Cliff of appealed independent claim
11. This claim is directed to the modeling of customer behavior
in a financial environment in which, after a first simulation,
simulated people from a group which has interacted with a
financial environment are selected and a second simulation is
performed with the selected people in another financial
environment. While the last paragraph of page 4 of Cliff, cited
by the Examiner, describes in general terms the simulation of
humans in a particular environment, we agree with Appellants that
there is no selection step in this or other portions of Cliff
that would satisfy the particular requirements of claim 11.
Although the Examiner reiterates the suggestion (Answer, page 9)
that the selection produced by the genetic algorithm process
discussed elsewhere in the Cliff publication would naturally
apply to the discussion of environment simulation at pages 4 and
7 of Cliff, we find no support, and the Examiner has provided
none, for this conclusion. The Examiner must not only make
requisite findings, based on the evidence of record, but must
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