Appeal No. 2003-1539
Application No. 09/027,400
compute vector entries of a speed map.
The examiner’s cavalier attitude that somehow the artisan
would have been motivated to “apply known mathematical
techniques” (answer-page 4) to solve a particular problem, viz.,
the implementation of the Standard, is not persuasive in view of
the lack of any supporting evidence, whatsoever, that recursive
algorithms have been employed for computing vector entries of a
speed map.
The best that can be said about the examiner’s rationale is
that the examiner may have a point about mathematical skills
being required to compute a speed map of the IEEE Standard.
However, since there is nothing in that Standard, or in APA,
which teaches or suggests exactly how such a computation should
be made, it cannot be reasonably contended that the artisan would
have been led to use a recursive algorithm, as claimed.
The examiner has clearly engaged in impermissible hindsight
in finding that it would have been obvious to use a recursive
algorithm for computing vector entries of a speed map when there
are no underlying factual determinations which can be gleaned
from any specified prior art that would support the examiner’s
conclusion.
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