Appeal No. 2005-0994 Page 5
Application No. 09/432,485
The obviousness rejection
We will not sustain the rejection of claims 1 to 6 under 35 U.S.C. § 103.
The obviousness rejection before us in this appeal is based on the combined
teachings1 of the Kinema/SIM Manual and Strumolo or the combined teachings of the
Kinema/SIM Manual and Miller.2 It is not based on the combined teachings of the
Kinema/SIM Manual, Strumolo and Miller.3
The Kinema/SIM Manual is directed to a highly interactive software tool that
presents a simulation space where one can construct and animate complex physical
phenomena.
Strumolo's invention relates to methods and systems for predicting sound
pressure levels (SPLs) within a vehicle and, in particular, to a method and system for
predicting sound pressure levels within a vehicle due to wind noise. The method utilizes
1The test for obviousness is what the combined teachings of the references
would have suggested to one of ordinary skill in the art. See In re Young, 927 F.2d 588,
591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208
USPQ 871, 881 (CCPA 1981).
2See the statement of the rejection (answer, p. 5).
3Id.
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