Ex parte SHORT et al. - Page 3




          Appeal No. 95-2867                                         Page 3           
          Application 07/744,324                                                      


               said signal,                                                           
                    detecting the noise present within said predeter-                 
               mined spectral range, and                                              
                    processing at least one portion of said AM signal                 
               in response to the detection of a predetermined amount                 
               of noise in said spectral range.                                       
          According to Appellants, the filtering and detecting steps correspond       
          to the acts performed by filter 36 and noise detector 38.  (Paper 15        
          at 6.)  The structures and functions of these components are shown in       
          Figures 1, 2, and 4 and are discussed in specification at pages 10-         
          12.  The filter 36 may be a narrow bandpass filter centered at AC           
          power line frequency.  (Paper 1 at 10:22-24.)  The detector 38 has a        
          comparator 46 that switches from low to high when the filtered signal       
          exceeds a threshold voltage 48.  (Paper 1 at 11:28-33.)                     
               4.  The examiner has rejected claims 34 and 39 under 35 U.S.C.         
          § 102, and has rejected claim 35 under 35 U.S.C. § 103, in view of          
          the following reference (Paper 9 at 2-3):                                   
          Inoue                       4,718,115        Jan. 5, 1988                   
               5.  The examiner identified Inoue's radio-frequency band-pass          
          filter (RF BPF) 11 as providing acts equivalent to Appellants'              
          filtering step.2  Similarly, the examiner identified Inoue's squelch        

               2    Since both Inoue's and Appellants' detector receive a             
          processed IF signal, Inoue's IF band-pass filter (IF BPF) 123 seems a       





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