Ex Parte Eder - Page 20

            Appeal 2007-2745                                                                                  
            Application 09/761,671                                                                            

        1       (5) The Appellant argues that Bielinski’s usage of sensitivity analysis is                    
        2       incompatible with Brown’s neural network scoring for the same data (Br.                       
        3       13:Bottom ¶).                                                                                 
        4       We again find that the Appellant compared Bielinski’s single company analysis                 
        5   to Brown’s example of portfolio analysis, as the scoring pointed to by the                        
        6   Appellant (Brown 56:reference to ranking of future returns of stocks) is again                    
        7   within the investment analysis examples of Brown.                                                 
        8       Further, Bielinski applies the results of its sensitivity analysis to future strategic        
        9   action (FF 11).  Similarly, Brown applies its results to future strategic actions (FF             
       10   22).  We find nothing incompatible between using the results of sensitivity                       
       11   analysis, their implications for future actions, and the results of neural networks for           
       12   suggesting future actions.                                                                        
       13       The Appellant goes on to argue that Bielinski and Brown are measuring the                     
       14   same thing and there would be no point in using two methodologies to measure the                  
       15   same thing (Br. 13:Bottom ¶).  We find this is not an argument of incompatibility,                
       16   but of so much compatibility as to be redundant.  We further find that Bielinski and              
       17   Brown base their analysis on different inputs (Bielinski using cash flows and                     
       18   Brown using large databases) and the use of different analytical methods to                       
       19   converge on a common result to reduce uncertainty is widely known and applied.                    
       20       The Appellant has not sustained its burden of showing the Examiner erred.                     
       21       Changing Principle of Operation                                                               
       22       The Appellant argues that Bielinski and Rappaport’s Shareholder Value                         
       23   Analysis (SVA) would change Brown’s neural network because it would use a tree                    
       24   based analysis, acknowledge that the efficient market theory does not explain all                 

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