Sunday, November 25, 2012

KSR dooms appellants in Ex parte Bagga

The appellants in Ex parte Bagga did not fare well at the Board.

A combination of prior art features, each performing predictably, is obvious under KSR:

Accordingly, we find that the claim limitation of determining two or
more similarity measures using text and video similarities is a combination
of Dimitrova’s teachings of text comparison, Hershtik’s teachings of audio
comparison and Rui’s teaching of incorporating audio and text features into
the same framework that yields predictable results. KSR Int’l Co. v. Teleflex
Inc., 550 U.S. 398, 416 (2007).

The Board was not impressed by Appellants' arguments:

Rather, Appellants merely restated the
claim limitations and presented conclusory statements that they could not
find any suggestion of the limitations in the prior art

Separately, of different rejections:

We also sustain the Examiner’s non-statutory subject matter rejection
of claim 30 and indefinite rejection of claim 21 pro forma because
Appellants did not set forth any argument relating to these rejections


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