Ex Parte Harrington et al - Page 6

               Appeal 2006-2722                                                                            
               Application 10/209,626                                                                      
               invention, neither Marriott nor Simon discloses the determination of an                     
               inferred intent vector for each variable data document that is a function of a              
               calculated set of value properties.                                                         
                      Our interpretation of the disclosure of Marriott, relied on by the                   
               Examiner as disclosing the claimed inferred intent vector determination,                    
               coincides with that of Appellants.  We agree with Appellants that, at best,                 
               Marriott discloses (page 504) various types of algorithms for solving one-                  
               way constraints, the algorithms being formulated as directed graphs in the                  
               context of constraint graphs.  We find that this disclosure falls well short of             
               teaching or suggesting the claimed determining of an inferred intent vector                 
               as a function of a calculated set of value properties, let alone the claimed                
               inferred intent vector determination operation of applying a matrix                         
               multiplication to a vector of value properties.                                             
                      Although the Examiner attempts (Answer 7, 8, and 11) to show a                       
               correspondence between the constraint graph described by Marriott and the                   
               claimed inferred intent vector determination involving a matrix                             
               multiplication applied to a value properties vector, we find the record before              
               us totally devoid of any evidence to support such a conclusion.  In particular,             
               the Examiner has produced no evidence which would indicate that the                         
               ordinarily skilled artisan would have recognized and appreciated that the                   
               function fx described by Marriott could have been formulated to include a                   
               function of matrix multiplication applied to a vector of value properties.                  
                      It does not matter how strong the Examiner’s convictions are that the                
               claimed invention would have been obvious, or whether we might have an                      
               intuitive belief that the claimed invention would have been obvious within                  



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