Ex Parte Gosby et al - Page 10

               Appeal 2009-3941                                                                            
               Application 10/334,370                                                                      

               Brown merely compares lexical units which are words and phrases and not                     
               category keys (Reply Br. 9-10).  The Examiner refers to Brown’s series of                   
               scores and argues that they are results of comparison (Answer 9-10).   We                   
               agree with the Examiner’s position that Brown’s determination of scores for                 
               each category results in a determination of a distance or difference between                
               the training data and the text to be classified (FF 9).  Taking the broadest                
               reasonable interpretation of the claim, we find that any comparison that                    
               provides a difference of scores would read on the claimed term “distance,”                  
               which indicates the likelihood or frequency of occurrence of the word stem                  
               in the data (FF 8-10).                                                                      
                      Appellants further argue that Brown does not disclose the claimed                    
               requirement that the documents are received from a host of a first computing                
               system while the subset of the categories is returned to the same host (Reply               
               Br. 11).  The Examiner responds by pointing to the portion of Brown                         
               describing the hierarchical structure of the classification tree and argues that            
               by classifying the document the subset of the categories is returned to the                 
               host (Answer 11).  We agree with the Examiner’s argument since the                          
               classification of a text is achieved by returning the scores and the associated             
               distribution of word stem and word stem sequence scores across the groups                   
               (FF 12-13).  As such Brown determines the classification for the text                       
               according to the highest score associated with each word stem.                              







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