Ex Parte Birkhoelzer et al - Page 6




            Appeal No. 2005-2415                                                         Παγε 6                                   
            Application No. 09/994,309                                                                                            


                   . . . a training method for automatically determining and meeting the                                          
                   training needs of training participants comprising entering the learning                                       
                   objectives, background knowledge and requested topic of the learning                                           
                   needs of a training participant (Col. 4, lines 22-57), determining all training                                
                   modules responsive to a user's entry (Col. 5, lines 15025). Identifying                                        
                   selected training modules dependent upon a user's background                                                   
                   knowledge and defining a training unit customized to a user from the                                           
                   multiple training modules previously identified (Col. 5, lines 41-67).                                         
                   Appellants argue that there is no culling and combining procedure disclosed in                                 
            Wall but rather it is up to the user to ultimately select all items to be included in the                             
            training session, even though the user may be assisted in this procedure by a number                                  
            of prompts.                                                                                                           
                   The examiner does not contest this argument of the appellants.  Rather, the                                    
            examiner argues that claim 6 does not:                                                                                
                   recite a training method for automatically determining and meeting the                                         
                   needs of training participants.  Appellant's claim 6 recites the limitations for                               
                   a search engine that may be used by a student to identify and recall                                           
                   stored training modules from a database of such elements. [answer at                                           
                   page 8].                                                                                                       
                   We do not agree with the examiner.  Claim 6 clearly recites "automatically                                     
            determining learning needs of a training participant."  In addition, claim 6 recites "from                            
            among said training modules responsive to said entry, identifying selected training                                   
            modules."                                                                                                             
                   In addition, we agree with the appellants that Wall does not describe the feature                              
            of automatically determining the learning needs of a training participant.  In fact, Wall                             
            teaches that the system is flexible so that a student is capable of selecting any lesson                              
















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