Ex Parte Harrington et al - Page 2


                  Appeal No. 2006-2952                                                                                         
                  Application No. 10/209,242                                                                                   

                  Sole pending claim 1 is reproduced as follows:                                                               
                  1.    A method for evaluating, by generating a fitness measure value, a set of variable data                 
                  documents generated by an automatic document assembly process, a set of variable data                        
                  documents being a set of documents having a portion corresponding to a predetermined                         
                  content and a portion corresponding to a variable content, the predetermined content                         
                  being the same in each document of the set of variable data documents, comprising:                           
                  (a) inputting, through an input device, document specifications for a set of variable                        
                  data documents to be generated, the document specifications being represented as a set of                    
                  relative weights;                                                                                            
                  (b) generating, using a processor, an set of electronic variable data documents;                             
                  (c) executing, for each electronic variable data document, a set of value-property                           
                  functions to generate a set of value properties, said set of value-property functions                        
                  evaluating properties representing a good design;                                                            
                  (d) determining an inferred intent vector for each electronic variable data document                         
                  as a function of the set of calculated set of value properties, the inferred intent vector is                
                  determined by a matrix multiplication applied to a vector of value properties; and                           
                  (e) generating a fitness measure value by multiplying components of the inferred                             
                  intent vector by a corresponding relative weight from the set of relative weights to                         
                  generate a set of products and summing the set of products.                                                  
                  The examiner relies on the following references:                                                             
                  Simon et al. (Simon)          US 2002/0040375           Apr. 4, 2002                                         
                    (filed Apr. 3, 2001)                                                                                       
                  Kim Marriott et al. (Marriott), “Fast and Efficient Client-Side Adaptivity for SVG,”                         
                  International World Wide Web Conference Proceedings of the eleventh international                            
                  conference on World Wide Web, Honolulu, Hawaii, 496-507 (2002).                                              
                  Claim 1 stands rejected under 35 U.S.C. § 103(a).  As evidence of obviousness, the                           
                  examiner offers Marriott in view of Simon.                                                                   
                  Rather than repeat the arguments of appellants or the examiner, we make reference                            
                  to the briefs and the answer for the respective details thereof.                                             
                                                          OPINION                                                              
                  We have carefully considered the subject matter on appeal, the rejection advanced                            
                  by the examiner and the evidence of obviousness relied upon by the examiner as support                       


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