Ex Parte Gosby et al - Page 9

               Appeal 2009-3941                                                                            
               Application 10/334,370                                                                      


                                               ANALYSIS                                                    
                      1.  35 U.S.C. § 102 Rejection                                                        
                            Claims 1and 20                                                                 
                      Appellants agree with the Examiner’s findings in Brown with respect                  
               to the steps of “receiving a document having text therein” and “generating                  
               document keys associated with said text” such that the text in both steps are               
               taught to be the same text (Reply Br. 6).                                                   
                      With respect to the claim term “providing a document taxonomy,”                      
               Appellants assert that a “classified document” disclosed in Brown is not the                
               same as a “document taxonomy,” (Br. 6-7; Reply Br. 6-9).  The Examiner                      
               relies on ¶¶ 0092-97 of Brown and argues that the method of providing                       
               categories for the word stems and word stem sequences and storing the                       
               procedure in association with each group is the same as the document                        
               taxonomy (Answer 7-8).  Appellants point to page 6 of their Specification                   
               for a description of taxonomy.  Actually, consistent with Appellants’ own                   
               disclosure, we find that Brown considers “films” as the document taxonomy,                  
               whereas categories form axes such as “Happy-Sad” and word stems get                         
               scores for each group within the axis (FF 8).  We also note that Appellants’                
               claim 1 recites the term “document taxonomy” only in the context of                         
               defining categories and category keys associated therewith.  We also observe                
               that the claims as a whole, do not recite any limitation that attributes any                
               functionality to the document taxonomy.                                                     
                      Regarding the feature of “comparing the category keys … to make a                    
               determination of a distance between document keys,” Appellants argue that                   


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