Appeal No. 2006-1963
Application No. 09/951,321
answered incorrectly; or b) using different questions. We note that there is some
ambiguity in Lee as to whether the same questions previously answered incorrectly refers
to the same group of questions as used in the quiz the student did not pass or whether it
refers to the individual questions. Nonetheless, there is no ambiguity in that Lee’s
reference to different questions being selected for the retest teaches that the questions in
the retest are not the same as those previously presented. Further, as appellant’s
argument seem to imply that the newly selected different questions are based upon the
individual questions answered incorrectly; we find no teaching in Lee that suggests that
the different questions used in the retest are selected based upon the questions incorrectly
answered in a previous test. Thus, appellant’s arguments have not convinced us of error
in the examiner’s rejection of claim 28 or the claims 29 through 35 and 39 which depend
upon claim 28.
Rejection of independent claim 38 and the claims dependent thereupon.
Appellant argues, on page 17 of the brief, that the prior art cited by the examiner
does not teach the claim 38 limitation of “if said [participant’s] percentage score is less
than a pre-determined percentage, then [performing the step of] displaying said training
materials.” Appellant asserts that this limitation requires that a participant who does not
achieve a satisfactory score is presented all of the training materials. Appellant argues
that Lee teaches a system that retrieves and replays only materials relating to those
questions which were missed and that the replayed material is part of a different
presentation which corresponds to the lesson segment. Appellant presents similar
arguments on page 3 of the reply brief.
Appellant’s arguments have not persuaded of error in the examiner’s rejection.
Independent claim 38 recites “presenting training materials to said training program
participant” and “if said percentage score is less then a pre-determined percentage, then:
(i) displaying said training materials.” We note that neither of the limitations which
discuss the training materials recite that all of the training materials are presented or
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