Ex Parte Potter - Page 7



                Appeal No. 2006-1963                                                                              
                Application No. 09/951,321                                                                        

                displayed.  Further, we note that appellant’s specification, on pages 21and 22, describe          
                the training materials as a web site with links to other web pages.  The user selects a link      
                to select the material they wish to review.  Thus, appellant’s specification, while               
                discussing the availability of all of the training material does not automatically present or     
                display all of the training materials as appellant argues is the proper interpretation of         
                claim 38.  We consider the scope of the claim limitation “presenting training materials”          
                to                                                                                                
                include a step of making available to a user a set of information, “training materials”, we       
                do not consider the claim to be limited to the amount of the training materials which are         
                viewed by the training program participant.  We consider the scope of the claim                   
                limitation “displaying said training materials” to include a step where information,              
                training materials, are displayed for the training program participant to view, we do not         
                find that the limitation necessarily requires that information displayed to be the same as        
                may have been viewed by the participant in the step of “presenting” (i.e., we consider the        
                scope of the claim to include that the material displayed in the step of “displaying” to          
                include a subset of the information made available in the step of “presenting”, however           
                we do not consider the claim to require that all of the information made available in the         
                step of “presenting” is displayed in the step of “displaying.”)                                   
                       As the examiner identifies in the answer, Lee teaches several scenarios for                
                presenting training materials prior to retest.  In one embodiment Lee states, in column 7,        
                lines 24 through 28:                                                                              
                       If the student has incorrectly answered some [of the] questions, the process flows         
                       back to block 153 of FIG. 3 and the program retrieves and replays only material            
                       relating to those questions which were missed.  This replayed material could be            
                       excerpted from the original presentation or it could be new material.                      

                Thus, Lee teaches that the information presented to the student after the test, may be a          
                subset of the information presented prior to the test.  As discussed above, the scope of          
                claim 38 includes that the information displayed after the test is a subset of the                



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