Appeal No. 2004-1330
Application 09/538,089
The examiner reads the "training class" on the computerized
course of instruction in Brush; reads the "first examination" on,
for example, Learning Block No. 3 (Fig. 4C, col. 12,
lines 26-39)3; reads the "work-related project" on the
simulations in Learning Blocks Nos. 6 and 7 (col. 13, line 20 to
col. 16, line 53); and reads the "second examination" on the
certification examination in Learning Block No. 9 (Fig. 4H,
col. 17, line 60, to col. 18, line 49) (FR2).
Appellants argue that the claims require the project to be a
"work-related project," where "[a] work related project is a
real-world project which enables the student to apply the learned
skill to a such real-world project" (Br4), as described at pages
3 and 7 of the specification, and (Br5):
Thus, the work-related project is a project outside of
the theoretic environment of the classroom and one which
enables the student to apply what he/she has learned in the
classroom to such real-world, "work-related" project. With
Brush et al, the student merely continues on the computer in
the classroom with the same type of information previously
3 The rejection refers to Learning Block No. 4 and
column 12, lines 42+, and Fig. 4C (FR2). However, Learning Block
No. 4 is actually shown in Fig. 4D (the figure number 4C at
col. 12, line 32, is wrong) and Learning Block No. 4 in Fig. 4D
requires all of the questions to be answered correctly. While it
is possible to consider Learning Block No. 4 to be an examination
having a "predetermined passing score" of 100%, it appears that
the examiner meant to refer to Fig. 4C which corresponds to
Learning Block No. 3 because it requires a "predetermined passing
score" of less than three errors.
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