Appeal No. 2004-0008
Application No. 09/547,627
support the examiner’s conclusion that these quoted features of
each of these noted independent claims is taught to the artisan
either expressly or inherently within 35 U.S.C. § 102. In fact,
the various teachings of economic value calculations in Walker
are not detailed; the specifics of the nature, how and what
actual calculations are performed simply are absent from Walker’s
teachings. Therefore, we are unable to conclude that the artisan
would have determined from Walker’s teachings any estimation of
any kind of probability to predict an outcome or any
determination of forecasting outcomes.
Likewise, we agree with appellants’ observations at the top
of page 2 of the reply brief that “[n]o basis exists to conclude
that large historical orders are used by Walker to predict the
outcome of a call or even that a correlation necessarily exists
between economic value and call outcome.” The feature of
customer status in the paragraph bridging columns 3 and 4 of
Walker also does not lead us to conclude that the artisan would
have been led to understand that Walker teaches the earlier-
quoted features of independent claims 1, 16, 33 and 39 on appeal.
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