Ex Parte Birkhoelzer et al - Page 2




            Appeal No. 2005-2415                                                         Παγε 2                                   
            Application No. 09/994,309                                                                                            


                                              BACKGROUND                                                                          
                   The appellants' invention relates to an apparatus and method for determining                                   
            a training unit based on the learning needs of a trainee, of the type having an input                                 
            device, a data bank of all training modules and a selection device (specification, p. 1).                             
            A copy of the claims under appeal is set forth in the appendix to the appellants' brief.                              
                                              THE PRIOR ART                                                                       
                   The prior art references of record relied upon by the examiner in rejecting the                                
            appealed claims are:                                                                                                  
            Tatsuoka    6,301,571  Oct.  9, 2001                                                                                  
            Wall et al. (Wall)    6,371,765  Apr. 16, 2002                                                                        
            Cook et al. (Cook)   6,427,063  Jul.  30, 2002                                                                        

                                             THE REJECTIONS                                                                       
                   Claims 1 to 4 stand rejected under 35 U.S.C. § 102(e) as being anticipated by                                  
            Cook.                                                                                                                 
                   Claim 6 stands rejected as being anticipated under 35 U.S.C. § 103(e) by Wall.                                 
                   Claim 5 stands rejected under 35 U.S.C. § 103 as being unpatentable over Cook                                  
            in view of Tatsuoka.                                                                                                  
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and                                  
            the appellants regarding the above-noted rejections, we make reference to the answer                                  
            (mailed July 13, 2004) for the examiner's complete reasoning in support of the                                        


















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