Appeal No. 2006-1486
Application No. 10/608,086
remedies that deficiency in Musick. Consequently, the examiner
has not carried the burden of establishing a prima facie case of
anticipation over Musick or obviousness over Musick in view of
Takeuchi.
Remand
As indicated above, the examiner’s rejections are based upon
misinterpretations of the references. We therefore remand the
application to the examiner to determine whether prior art is
available that discloses, or would have fairly suggested, to one
of ordinary skill in the art, performing a computerized
optimization process of a nuclear reactor to generate, from
received state-point data, one or more independent control
variable values.
DECISION
The rejections of claims 31-41 under 35 U.S.C. § 102(b) over
Takeuchi, claims 31-39 under 35 U.S.C. § 102(b) over Musick, and
claims 40 and 41 under 35 U.S.C. § 103 over Musick in view of
Takeuchi, are reversed. The application is remanded to the
examiner.
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