Ex Parte O'Flaherty - Page 6




             Appeal No. 2004-2232                                                              Page 6                
             Application No. 09/608,496                                                                              


                    For its part, the passage of Pham cited by the examiner mentions that "[a]                       
             neuroagent approach is used in an automated and unified data mining system to                           
             provide an explicitly predictive knowledge model."  Abs., ll. 1-3.  "This data mining                   
             system permits discovery, evaluation and prediction of the correlative factors of data,                 
             i.e., the conjunctions, as corresponding to neuroexpressions (a semantic connection of                  
             neuroagents) connected to an output neuroagent which corresponds to the data output,                    
             the connection weights yielding the relative significance of these factors to the given                 
             output."  Id. at ll. 6-12.  The examiner has not shown, however, that Pham discloses a                  
             model-building mechanism that builds a predictive model that generates an output for a                  
             derived measure.                                                                                        


                    Absent a teaching or suggestion of a model-building mechanism that builds a                      
             predictive model that generates an output for a derived measure, we are unpersuaded                     
             of a prima facie case of obviousness.  Therefore, we reverse the obviousness rejection                  
             of claim 1; of claims 1-15, which depend from claim 1; of claim 16; of claims 17-20,                    
             which depend from claim 16; of claim 31; and of claims 32-45, which depend from                         
             claim 31.                                                                                               













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