Appeal 2007-0768 Page 5
Application 10/430,883
1 The following findings of fact (FF) are believed to be supported by at
2 least a preponderance of the evidence.
3 1. The claims are drawn to an automated process for conducting jury voir
4 dire for a trial court involving the transmitting of a Juror Suitability
5 Test form to each of a plurality of prospective jurors over a general
6 purpose computer network. The Juror Suitability Test form includes a
7 plurality of questions designed to determine for what trial type(s) each
8 prospective juror is (claim 1) or is not (claim 11) suitable to sit as a
9 juror. A computer readable medium containing computer executable
10 instructions for conducting jury voir dire for a trial court comprising
11 instructions for transmitting the The Juror Suitability Test form is also
12 claimed (claim 15).
13 2. The Jury Research Institute (www.jri-inc.com) is a publication
14 modified on, at the latest, April 22, 1999 (page 2). Appellants do not
15 dispute that The Jury Research Institute (www.jri-inc.com) qualifies as
16 prior art. The Jury Research Institute discloses "The Prospective Juror
17 Questionnaire." Page 6. The Jury Research Institute describes a process
18 involving submitting the "Prospective Juror Questionnaire" to jurors in
19 court before voir dire begins. The answers are reviewed and given a
20 score (see page 9: "Develop a uniform scoring system.") and then the
21 prospective jurors are rated (page 10).
22 3. The Northern District of Texas Jury Plan
23 (www.txnd.uscourts.gov/rules/misc_rules.html) is a publication of a
24 plan to implement the policy of the United States as expressed in
25 section 1861, Title 28 of the U.S. Code. It was adopted and went into
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