Ex Parte O'Flaherty - Page 3




             Appeal No. 2004-2232                                                              Page 3                
             Application No. 09/608,496                                                                              


                    builds a predictive model that generates an output for the derived                               
                    measure.                                                                                         


                    Claims 1-45 stand rejected under 35 U.S.C. § 103(a) as obvious over Sanjay                       
             Goil and Alok Choudhary ("Goil"), A Parallel Scalable Infrastructure for OLAP and Data                  
             Mining, Proceedings of Int'l Symp. of Database Engineering Applications and U.S.                        
             Patent No. 5,970,482 ("Pham").                                                                          


                                                     OPINION                                                         
                    Rather than reiterate the positions of the examiner or the appellant in toto, we                 
             focus on the point of contention therebetween.  Admitting that "Goil does not teach the                 
             predictive model . . . of the present application," (Examiner's Answer at 4), the examiner              
             asserts, "Pham discloses an analogous system wherein an automated and unified data                      
             mining system to provide an explicitly predictive knowledge model for analysis (Abstract,               
             lines 1-3 et seq)."  (Id.)  Noting that his "claimed invention. . . recites that the model-             
             building mechanism builds a predictive model that generates output for the derived                      
             measure," (Reply Br. at 7), the appellant argues, "[t]his is not taught or suggested by the             
             above portions of Pham."  (Id.)                                                                         












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