Ex Parte DAVIS - Page 8




          Appeal No. 2003-0193                                                        
          Application 09/306,469                                                      


               For the above reasons we conclude that the examiner has not            
          carried the burden of establishing a prima facie case of                    
          obviousness of the method claimed in the appellant’s claim 1.  We           
          therefore reverse the rejections of this claim and claims 2-20              
          that depend directly or indirectly therefrom.                               
                                  Claims 21 and 30                                    
               The appellant’s claims 21 and 30, which claim a voice                  
          controlled capture system, both require a host processor which              
          1) contains a memory for storing a voice macro command                      
          recognition table, 2) compares a first recognition pattern to at            
          least one recognition pattern stored in the voice macro command             
          recognition table, 3) when there is a match, retrieves a voice              
          macro command file linked to the matched recognition pattern                
          stored in the voice macro command recognition table, 4) accesses            
          at least one command number from the voice macro command file,              
          5) finds a matching command number in a voice command recognition           
          table, and 6) retrieves a first voice command file linked to the            
          matching command number.                                                    
               The examiner does not point out where Brais or Ackley                  
          discloses these limitations, or explain how Brais and Ackley                
          would have fairly suggested these limitations to one of ordinary            
          skill in the art.  The examiner relies upon the arguments                   
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