Appeal No. 2003-0854
Application No. 09/640,030
The Examiner relies on the following references in rejecting
the claims:
Nevo et al. (Nevo) 5,946,666 Aug. 31, 1999
(filed May 21, 1996)
Hirotaka Mizuno et al. (Hirotaka), “A Method of Chart Analysis by
Pattern Classification in Securities Trading,” Proceedings of the
5th Symposium on Human Interface, Oct. 1989, pp. 159-162.2
Claims 1-64 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Nevo in view of Hirotaka.
We make reference to the answer (Paper No. 8, mailed March
26, 2002) for the Examiner’s reasoning, and to the appeal brief
(Paper No. 7, filed January 29, 2002) for Appellant’s arguments
thereagainst.
OPINION
The Examiner relies on Nevo for teaching an automated
investment chart search system and method (answer, pages 3 & 4),
but recognizes that the template database and the software for
performing the claimed analysis steps are missing in Nevo
(answer, page 4). The Examiner then relies on Hirotaka for
disclosing the template database and the analysis software
(answer, page 5) and concludes that such use of a template for
2 The Examiner relies on the English abstract and the English
translation of the document, provided by the USPTO Translation branch, a copy
of which has been provided to Appellant as an attachment to Paper No. 5,
mailed November 28, 2001.
3
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