Appeal No. 2002-2056
Application No. 09/152,471
calories.” The examiner relies on this language as a suggestion
by Martin for correlating data.
We agree that there is a correlation occurring in Martin
but the examiner has pointed to nothing in Martin, and we have
found nothing therein, that suggests a correlation, as claimed,
i.e., a correlation for one pair of project parameters on the
predetermined list, wherein the predetermined list is a list of
different types of project parameters. It is this cross-
correlation, or correlation between pairs of parameters, which is
alleged by appellants to provide knowledge relative to the
dependency or lack thereof of the various parameters on one
another and to determine trends even before they manifest
themselves as actual variances.
At page 11 of the answer, the examiner states that “values
of parameters are non-functional data and utilizing cross-
correlation between pairs of parameters of the same or different
types of parameters, does not provide patentable distinction over
the prior art of MacDonald in view of Martin.” While the
specific values of particular parameters may be “non-functional
data,” the instant claims still require specific method steps and
apparatus, whereby there is generated a correlation output
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