Ex Parte Yoakum - Page 7




           Appeal No. 2006-2574                                                                
           Application No. 10/331,706                                                          

                Appellant argues that while Kishinsky admittedly                               
           contemplates that different call agents have different skill                        
           sets, “registration is not the process through which Kishinsky’s                    
           call center distinguishes between these differences” (principal                     
           brief-page 7).  Rather, argues appellant, Kishinsky uses a Petri                    
           Net which is pre-programmed and that it is this programming that                    
           determines what skill sets are assigned to the agents.                              
                We are unpersuaded of any error in the examiner’s reasoning                    
           since no programming, per se, can determine an agent’s skill or                     
           skill set.  Either an agent has a particular skill or he/she does                   
           not.  Those particular skills or skill sets of individual agents                    
           must be determined beforehand so that any programming scheme                        
           knows how to make appropriate assignments.  A program cannot                        
           change the skills of an agent and it may only make assignments                      
           based on already known skills of particular agents.  Accordingly,                   
           we think that the examiner is reasonable when the examiner                          
           asserts that these skills must have been pre-registered with the                    
           management system of Kishinsky.                                                     
                Appellant argues that while skill sets must be defined,                        
           “there is no inherent requirement that the skill sets are                           
           registered, as that term is used in the specification, or as                        
           someone skilled in the art would reasonably interpret the term…”                    
           (principal brief-page 7).                                                           



                                              7                                                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007