Appeal No. 2006-0567
Application 09/938,256
Zhu sets forth the series of examiner-characterized implicit
questions to the user to capture user responses, the position in
the Brief and Reply Brief that Zhu actually teaches against or
otherwise contradicts a combination with Kagami, the weight of
the evidence clearly does not support such a position.
As to Kagami, the examiner’s remarks as to the teaching
value of this reference at page 10 of the Brief as well as corre-
sponding positions in the Reply Brief recognize that Kagami does
teach proposing explicit questions to a user to elicit specific
responses from a user. As to this recognition, we also note
Kagami’s initial discussion of kansei at column 1; the examiner
relied upon teaching at column 3, lines 1-11, which has a corre-
sponding teaching at column 10; as well as the showings in
figures 6, 9A, 9B, 10, 11B and 13 through 15.
In view of the foregoing, we have sustained the
examiner’s rejection of independent claims 1, 11 and 16. As to
the respective dependent claims, the examiner has set forth
specific correlations among the two references relied upon in
the initial statement of the rejection at pages 4 and 5 of the
Answer. Appellants’ corresponding arguments beginning at page 14
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