Ex Parte Moore - Page 7

                Appeal 2007-0610                                                                               
                Application 09/766,357                                                                         

                5. The Examiner relied on Cornuejols to show that an optimization                              
                model that is one of a transportation model, network model, or generalized                     
                network model is well known, finding that:                                                     
                     Cornuejols teaches various methods of network optimization (special                       
                     types of linear programming or constraint-based models) including a                       
                     transportation model (Cornuejols at §11.3.3), a network model                             
                     (Cornuejols at §11.4), and a generalized network model (Cornuejols at                     
                     § 11.5).                                                                                  
                Answer 4.                                                                                      
                6. Appellant argued that “Cornuejols is directed to mathematical                               
                operations and not toward customizing direct marketing materials.” Appeal                      
                Br. 15.                                                                                        
                7. Appellant did not traverse the Examiner’s finding that Cornuejols                           
                discloses optimization models including the transportation model, network                      
                model, and generalized network model. Appeal Br. 12-16. “Cornuejols may                        
                teach a transportation mode1, a network model, and a generalized network                       
                model, but this cited reference does not teach or suggest customizing direct                   
                marketing materials.” Appeal Br. 13.                                                           
                8. Kent discloses the use of an “optimization program” at paragraph                            
                0077 (“designed to optimize the various parameters established in the profile                  
                132 and correlate it to the database content 160 (FIG. 5) when it is time to                   
                print the publication.”)                                                                       
                9. Cornuejols is a section of coursework on the subject of applying a                          
                special type of linear programming called network optimization.  Real-life                     
                examples are given whereby problems are formulated into networks that are                      
                solved by linear programming.  They include minimizing delays along a                          
                telephone network between two cities (p. 136, “network model”),                                

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