Ex Parte Duncan et al - Page 6



            Appeal No. 2004-0008                                                                       
            Application No. 09/547,627                                                                 

            value for each inquiry” as set forth in each of these independent                          
            claims as well as independent claim 44.  This is plainly evident                           
            at least from the abstract of Walker.                                                      
                  The examiner has properly set forth various portions of                              
            Walker to urge that Walker essentially sets forth in his own                               
            terms a “model” to the extent broadly recited in these affirmed                            
            claims.  The examiner has made reference to the teachings at                               
            column 3, line 45 through column 4, line 8; the teachings at                               
            column 5, line 24 through column 6, line 28 as well as the                                 
            showings in figures 5 through 8 which, in our view as well,                                
            depict to the artisan a process relating to a model/modular                                
            software since CPU 52 of figure 3 performs the noted value                                 
            calculations.  To these teachings we add the following: The                                
            showing in figure 2 and the general discussion thereof at column                           
            4, lines 17 through 24 and 45 through 47 indicating that                                   
            control/call distribution “procedures” are taught.  Column 6,                              
            lines 29 through 42 teach of  plural queues indicating                                     
            conditional transfers from one queue to another based upon                                 
            predetermined or modeled software.  Additionally, the teachings                            
            at column 6, line 62 through column 7, line 3 indicates that the                           
            control software or processes taught in Walker may be embodied                             
            in one or more media disks.                                                                
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