Ex Parte OSA - Page 6




                    Appeal No. 2002-2064                                                                                                                                  
                    Application No. 08/902,330                                                                                                                            


                    reviewing the [E]xaminer's decision on appeal, the Board must                                                                                         
                    necessarily weigh all of the evidence and arguments."  Oetiker,                                                                                       
                    977 F.2d at 1445, 24 USPQ2d at 1444.  "[T]he Board must not only                                                                                      
                    assure that the requisite findings are made, based on evidence of                                                                                     
                    record, but must also explain the reasoning by which the findings                                                                                     
                    are deemed to support the agency's conclusion."  In re Lee, 277                                                                                       
                    F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002).  With                                                                                         
                    these principles in mind, we commence review of the pertinent                                                                                         
                    evidence and arguments of Appellant and Examiner.                                                                                                     
                              Appellant argues that neither Honjo nor Moronaga teaches or                                                                                 
                    suggests selecting a value pattern including values from a                                                                                            
                    plurality of value patterns based on a random number as recited                                                                                       
                    in independent claims 1, 6 and 16.  See pages 15 and 16 of the                                                                                        
                    brief and pages 5-9 of the reply brief.                                                                                                               
                              We note that independent claim 1 recites "a selector to                                                                                     
                    select a value pattern including said values which are fixed                                                                                          
                    differential values from a plurality of value patterns based on                                                                                       
                    the random numbers."  We also note that independent claim 6                                                                                           
                    recites "selecting a value pattern including said values from a                                                                                       
                    plurality of value patterns based on the random number" and                                                                                           
                    finally, we note that the remaining independent claim 16 recites                                                                                      


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