Appeal No. 2004-1330
Application 09/538,089
information and have a predetermined passing score (fewer than
three wrong answers or without any mistakes for Learning Block
No. 5) to complete the block. Any of these learning blocks can
be considered a "first examination containing questions related
to instructional information provided in said training class
wherein a first score is determined on said first examination."
The first Learning Blocks must be completed before progressing to
the simulation Learning Blocks. These teachings of Brush are not
contested by appellants.
The simulations with a simulated welding torch require a
student to demonstrate some aspect of welding technique, such as
lighting the torch and adjusting the flame (Learning Block No. 4,
Fig. 4E), puddle simulation (Learning Block No. 7, Fig. 4F), or
performing a butt weld (Learning Block No. 8, Fig. 4G). In each
case, the simulation must be performed correctly or the program
ends. The examiner finds that these simulations are a "work-
related project wherein instructional information is utilized to
complete a task." We discern no error in this position. A
simulation is different from the claimed "questions related
instructional information"; i.e., Brush teaches both theory and
application of the theory. Clearly, "instructional information
is utilized to complete a task in said project" because
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