Ex Parte Carp et al - Page 12

                Appeal  2007-0768                                                    Page 12                  
                Application  10/430,883                                                                       

           1          Appellants argue that the references do not teach or suggest                            
           2    categorizing responses to a Juror Suitability Test form from prospective                      
           3    jurors and assigning them to a group indicative of a trial type for which a                   
           4    prospective juror is suitable to sit as a juror. FF 11.                                       
           5          Appellants' argument is directed to step f. of the claimed method.  In                  
           6    simple terms, step f. describes assigning group categories to prospective                     
           7    jurors (and not the Test's responses, as Appellants have argued), indicative                  
           8    of trial types for which they are suitable to sit as jurors, depending on                     
           9    answers they give to a Juror Suitability Test form.  The Juror Suitability Test               
          10    form is designed to determine whether a prospective juror is suitable for a                   
          11    particular trial type (see step d.).  It reads on the "The Prospective Juror                  
          12    Questionnaire" The Jury Research Institute discloses. FF 2.                                   
          13          It is clear to one of ordinary skill in the art following the process The               
          14    Jury Research Institute describes (FF 2) that prospective jurors in the trial                 
          15    may attain a rating that would cause counsel to either exercise or not                        
          16    exercise a peremptory challenge to the juror's suitability as a juror in the                  
          17    trial.  In rating prospective jurors based on their responses to the                          
          18    questionnaire, The Jury Research Institute process is in effect categorizing                  
          19    prospective jurors based on their suitability for the trial, that is, whether the             
          20    prospective juror is suitable for the type of trial for which he or she has been              
          21    called to serve. While The Jury Research Institute does not explicitly state                  
          22    that the prospective jurors are categorized by groups indicative of a trial type              
          23    for which a prospective juror is suitable to sit as a juror, that is in effect what           
          24    The Jury Research process accomplishes.  In other words, the scores are in                    






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