Ex Parte Neti et al - Page 4


                Appeal No. 2006-2156                                                                             
                Application No.  09/790,296                                                                      
                second language” as claimed.  We do not find this persuasive.  As pointed out by                 
                the Examiner (Answer, page 5), Yuen discloses at section 2.3, column 1, the                      
                mapping of phonemes from a second language, i.e., English, with the phonemes                     
                of the first language, i.e., Chinese.  As explained by the Examiner, and we find                 
                no convincing arguments to the contrary from Appellants, the output confusion                    
                matrix discussed by Yuen provides an initial candidate mapping which enables                     
                the determination as to which Chinese phonemes are most similar to which                         
                English phoneme set.                                                                             
                       Appellants further attempt (Supplemental Brief, pages 7 and 8; Reply                      
                Brief, pages 2 and 3) to capsulize the distinction between the claimed invention                 
                and Yuen by contending that, in the claimed invention, mapping is used to obtain                 
                alignment, but, in Yuen, alignment is used to obtain mapping.  In our view, to                   
                whatever extent this contention may be correct, it is not commensurate with the                  
                scope of the claims.  We simply find no error in the Examiner’s position (Answer,                
                pages 5 and 6) which concludes that the output of the previously discussed                       
                confusion matrix in Yuen is subjected to an alignment process, as claimed, to                    
                produce a final mapping (Yuen, section 2.4).  Further, we also agree with the                    
                Examiner (id., at 6) that the claimed realigning feature is disclosed by Yuen at                 
                section 2.5.                                                                                     
                       We also find to be without merit Appellants’ contention (Supplemental                     
                Brief, page 6) that the Examiner has not established proper motivation for                       
                modifying the Yuen reference.  In our view, however, we find no error in the                     
                Examiner’s assertion of obviousness to the ordinarily skilled artisan of applying                


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