Ex Parte KIST et al - Page 4



          Appeal No. 2004-1117                                                        
          Application No. 09/348,425                                                  

          speech models to determine whether the results represent a                  
          command or text.  Further, the commands follow templates which              
          define the words which may be said within the commands and the              
          order in which the words are spoken (see column 4, lines 47-55).            
          In the example given in column 5, lines 25-29, Gould explains               
          that a command to move up two lines must be spoken as "Move Up 2            
          Lines," with no variation, because any variation would not follow           
          the template for that command.  Similarly, Gould discloses                  
          (column 8, lines 50-55) that "[u]ser's speech that does not                 
          conform to a command template does not provide a valid recognized           
          command.  A user's speech does not conform to a template if the             
          user does not speak permitted words in the predetermined order."            
          Thus, Gould's templates equate to the claimed command grammar by            
          which the command component is specified.  Also, Gould's commands           
          include no dictation component that does not follow the                     
          templates, for if they did, Gould teaches that they would not be            
          recognized commands.  Accordingly, as Gould fails to disclose the           
          dictation component of the claimed commands, we cannot sustain              
          the anticipation rejection of claims 22 and 27 nor of their                 
          dependents, claims 23 through 26 and 28 through 31.                         



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