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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