Ex parte ICHIMURA et al. - Page 4




             Appeal No. 1999-1935                                                                               
             Application No. 08/754,270                                                                         


                   The examiner cites Miyakoshi for its disclosure of a delta-sigma modulator in                
             Figure 15 and an idle signal generator with a selection made between them responsive to            
             a muting signal, citing column 7, lines 55-61 for the suggestion that the muting signal            
             may be any frequency as long as the pulse signal has a 50% duty cycle, thus limiting               
             suitable idling signals.                                                                           
                   Finally, the examiner relies on Ahamed, column 3, lines 15-25, for the teaching of           
             silence sequences that generate components at the harmonic frequencies as one “would               
             expect” [brief-page 3].                                                                            
                   Appellants’ response is that Nishio has no filter in the output signal corresponding         
             to the analog FIR filter 5 of the instant application and that Ahamed relates to a noise           
             suppression circuit for a delta modulation speech encoding system with no filter in the            
             encoded signal output line.                                                                        
                   Moreover, appellants point out, in the instant claimed invention, the frequency              
             characteristics of the muting pattern signal are specifically chosen so that the spectrum          
             characteristics of the muting pattern signal coincide with a plurality of stop-band                
             frequencies of the finite impulse response filter which exist below the cut-off frequency of       
             the low-pass filter.  The position of appellants is that, clearly, neither Nishio nor              






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