Appeal No. 2006-1963
Application No. 09/951,321
Rejection of claims 28 and the claims dependent thereupon.
Appellant argues on page 16 of the brief, that the prior art cited by the examiner
does not teach the claim 28 limitation of “retesting said participant using a different
subset of said plurality of these questions, wherein said different subset is selected on a
basis independent of said answers which were answered incorrectly.” Appellant asserts
on pages 16 and 17 of the brief:
Lee discloses an educational system where students are presented with subject
matter and they answer "a series of questions retrieved from a database of
questions associated with the particular lesson segment for the student." See
column 7, lines 10-12. Lee also discloses that after "playing this remedial
material, the same or different questions as those previously answered incorrectly
will again be displayed and answered." See column 7, line 35-38 (emphasis
added). Therefore, Lee discloses selecting new questions based on the wrong
answers provided by the student and redisplaying questions previously answered
correctly. As such, Lee fails to disclose Appellants [sic] explicitly recited
limitation.
Appellant presents similar arguments on pages 2 and 3 of the reply brief.
We disagree with appellant’s characterization of Lee. Lee discloses a teaching
system where material is presented to a student and when the material is presented to the
student a quiz is given to the student. See steps 153, 154 and 180 of figure 3 and
discussion in column 6, lines 15 through 26. Lee teaches that questions are retrieved
from a database of questions and are presented to the student. See column 7, lines 10
through 17. Lee teaches that if the student does not answer all of the questions correctly
the material relating to the questions (remedial material) is presented to the student. See
column 7, lines 23 through 30. Alternatively, the remedial material may be presented if
the student’s score on the quiz is below a threshold amount. Lee states “ [a]fter playing
this remedial material, the same or different questions as those previously answered
incorrectly will again be displayed and answered.” Thus, Lee teaches that there are two
types of re-quiz(es) which can be given a) using the same questions as previously
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