Appeal No. 2004-2074
Application No. 09/862,946
“simultaneous visual interpretation on a screen of the attributes
of the sample.”
We find nothing in Darrington which permits a subject to
manipulate positions of a perception scale, based on a rating to
be given to a plurality of attributes. Darrington provides for a
subject to be placed in a tasting booth equipped with a computer
terminal for scoring the intensity of a sensory parameter, such
as sight, smell, touch, taste and hearing, on a line scale.
Scoring of an intensity of a sensory parameter is not the same as
manipulating positions of a perception scale, based on a rating
to be given to attributes. The perception scale of the instant
invention is an intuitive feel as to an amount of attribute
sensed by the subject. The “numerical score” in Darrington is
not based on a manipulation of a perception scale.
Furthermore, the computer in Darrington analyzes the
numerical scores, which were produced by the tester evaluations,
and provides a “spider map” of each product tested. While such
map is not specifically shown in the three pages of the reference
of record, from Darrington’s description of the test and its
analysis, the “spider map” does not appear to be a “simultaneous
visual interpretation on a screen of the attributes of the
sample,” as required by the instant claims.
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