Appeal No. 2006-1534
Application No. 09/829,007
Accordingly, we sustain the examiner’s rejection of claims 2 and 3 as rejected
under 35 U.S.C. § 103 as being unpatentable as obvious over Finkelstein in view of
Brown ‘163.
REMARKS
The examiner should consider the additional art made of record with this opinion
in further examination of the subject matter. Soll presents a diagnostic decision system
that encompasses asthma within its disclosed scope. Kahn presents a diagnostic
decision system that provides questions in random sequence. Detmer provides an
overview of such diagnostic decision systems. Buffington, Presnell, Durand and Olsen
each present different embodiments of self assessment systems that, although not
directed to asthma per se, operate according the steps of the broader claimed subject
matter as not limited by the preamble field of use limitation.
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